Palumbo v. Holtzer
Appellate Division of the Supreme Court of the State of New York
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
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Martin v. HerzogNew York Court of Appeals · 1920
- Frushone v. JulianoAppellate Division of the Supreme Court of the State of New York · 1968
- D'Angelo v. McKendryAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by5 opinions
- Ferrara v. CastroAppellate Division of the Supreme Court of the State of New York · 2001
- Jacino v. SugermanAppellate Division of the Supreme Court of the State of New York · 2004
- Boodlall v. HerreraAppellate Division of the Supreme Court of the State of New York · 2011
- Lallemand v. CookAppellate Division of the Supreme Court of the State of New York · 2005
- Rak v. KossakowskiAppellate Division of the Supreme Court of the State of New York · 2005