Legal Opinion

Caputo v. Cradle

New York County Courts

Decided October 9, 1981PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Patricia D. Collins, J.

This is the court’s decision on the motion.

This trial has been conducted as a split trial; that is, the jury has first determined the issue of liability and found 100% in favor of the plaintiff, and have now to consider the issue of damages.

Counsel for the defendant moves at the end of plaintiff’s case to dismiss the complaint for having failed to make a prima facie case in that defendant states there has been a failure as to proof by competent medical testimony and evidence that the plaintiff’s injury satisfies any of the pertinent threshold…

2Cases cited4 opinions

  1. Hezekiah v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1981
  2. Daviero v. JohnsonNew York Supreme Court · 1981
  3. Hezekiah v. WilliamsAppellate Terms of the Supreme Court of New York · 1980
  4. Hezekiah v. WilliamsCivil Court of the City of New York · 1979

3Cited by3 opinions

  1. Delaney v. LewisAppellate Division of the Supreme Court of the State of New York · 1998
  2. Elizabeth D'Avolio and Dominic D'Avolio v. Dictaphone Corporation, Paul J. Lopez, and Nicoletta N. Darmas, Dictaphone Corporation and Paul J. LopezCourt of Appeals for the Second Circuit · 1987
  3. Piepes v. NAI Entertainment Holdings LLCDistrict Court, E.D. New York · 2019

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