Legal Opinion

Palumbo v. Holtzer

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

Decided January 13, 1997PublishedCited by 5 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated January 12, 1996, which, after a jury trial on the issue of liability, granted the plaintiffs’ motion pursuant to CPLR 4404 (a) to set aside the verdict in favor of the defendant and granted a new trial on that issue.

Ordered that the order is affirmed, with costs.

The credible evidence at trial established that as the defendant was attempting to drive out of a private driveway and proceed eastbound on Long Island Avenue, he struck…

2Cases cited5 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  3. Martin v. HerzogNew York Court of Appeals · 1920
  4. Frushone v. JulianoAppellate Division of the Supreme Court of the State of New York · 1968
  5. D'Angelo v. McKendryAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by5 opinions

  1. Ferrara v. CastroAppellate Division of the Supreme Court of the State of New York · 2001
  2. Jacino v. SugermanAppellate Division of the Supreme Court of the State of New York · 2004
  3. Boodlall v. HerreraAppellate Division of the Supreme Court of the State of New York · 2011
  4. Lallemand v. CookAppellate Division of the Supreme Court of the State of New York · 2005
  5. Rak v. KossakowskiAppellate Division of the Supreme Court of the State of New York · 2005

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