Legal Opinion

Pieniewski v. Benbenek

Appellate Division of the Supreme Court of the State of New York

Decided February 18, 1977PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed, with costs. Memorandum: Plaintiff Georgia Pieniewski instituted this negligence action to recover damages for personal injuries sustained when she was struck by an automobile driven by defendant Randy Benbenek and owned by defendant Johanna Benbenek. Her husband’s cause óf action is derivative. Judgment was entered dismissing plaintiffs’ complaint upon a jury verdict of no cause of action. Plaintiffs’ initial contention on appeal is that the trial court erroneously refused to allow a proposed rebuttal witness to testify as to how the accident occurred. Although…

2Cases cited6 opinions

  1. Marshall v. . DaviesNew York Court of Appeals · 1879
  2. Williams v. . B.E.R.R. Co.New York Court of Appeals · 1891
  3. Ankersmit v. . TuchNew York Court of Appeals · 1889
  4. Fox v. . MatthiessenNew York Court of Appeals · 1898
  5. Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1902

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3Cited by6 opinions

  1. Sirotiak v. H.C. Price Co.Alaska Supreme Court · 1988
  2. Swoboda v. We Try Harder, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Baumis v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Austin v. Carstens-ElliotAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990

1 more not listed; retrieve them via the Exa API.

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