Camaioni v. Caruso

By this motion plaintiffs, passengers in a vehicle owned and operated by defendant Caruso, seek summary judgment in this action for personal injuries against defendant Paradise Service Corp., the owner of a taxicab which was involved in collision with Caruso’s vehicle. Plaintiffs seek to make “ offensive ” use of a prior judgment obtained by Caruso in an action brought in this court against said Paradise Service Corp.

Plaintiffs rely on B. R. De Witt, Inc. v. Hall (19 N Y 2d 141) wherein “ offensive ” use was permitted of a prior judgment upon a jury verdict for $5,000 for personal injuries in…