Durkin v. Peluso
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Appeal from an order of the Supreme Court (McDermott, J.), entered December 10, 1990 in Albany County, which granted plaintiff’s motion to set aside a verdict in favor of defendant* and granted a new trial.
On October 26, 1983 plaintiff’s infant, nine-year-old Maryann De Marco, was struck by an automobile driven by defendant after she had left Philip Schuyler Elementary School in the City of Albany. The testimony at trial showed that at the time of the accident, Maryann ran between cars parked at the curb on the east side of North Lake Avenue, and then through a three-foot gap in stopped…
2Cases cited9 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
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Mann v. HuntAppellate Division of the Supreme Court of the State of New York · 1953
- Halvorsen v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rosabella v. FanelliAppellate Division of the Supreme Court of the State of New York · 1996
- Raucci v. City School District of City of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1994
- Carpenter v. AlbeeAppellate Division of the Supreme Court of the State of New York · 1993
- Noviczski v. HomeyerAppellate Division of the Supreme Court of the State of New York · 1997
- Devoe v. KaplanAppellate Division of the Supreme Court of the State of New York · 2000
17 more not listed; retrieve them via the Exa API.