Nicoli v. Whelan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Dabiri, J.), entered March 27, 2000, which, upon a jury verdict on the issue of liability, is in favor of the defendant and against them, dismissing the complaint.
Ordered that the judgment is reversed, on the law, with costs, the verdict is vacated, the complaint is reinstated, the plaintiffs are awarded judgment as a matter of law on the issue of liability, and the matter is remitted to the Supreme Court, Kings County, for a trial on the issue of damages.
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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
- Pappas v. OpitzAppellate Division of the Supreme Court of the State of New York · 1999
- Sheeler v. Blade Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Guinan v. LeeAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by4 opinions
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- Landsman v. SeytonAppellate Division of the Supreme Court of the State of New York · 2012
- Francis v. PinkhasovAppellate Division of the Supreme Court of the State of New York · 2010
- Gagliardi v. American Suzuki Motor Corp.Appellate Division of the Supreme Court of the State of New York · 2003