Petryszyn v. Di Fulvio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Mercure, J.
Appeal from a judgment of the Supreme Court (Fischer, J.), entered May 23, 1991 in Broome County, upon a verdict rendered in favor of plaintiff.
Plaintiff brought this action to recover for personal injuries he suffered while riding as a passenger when an automobile driven by defendant left the Massachusetts Turnpike and struck a tree. Following trial, a jury awarded plaintiff $20,000 in damages, reduced by $10,000 as the result of plaintiff’s failure to wear an available seat belt and further reduced by 10% as the result of plaintiff’s negligence in falling asleep. On appeal,…
2Cases cited6 opinions
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Nelson v. NygrenNew York Court of Appeals · 1932
- Walsh v. MorrisAppellate Division of the Supreme Court of the State of New York · 1987
- Purchase v. JeffreyAppellate Division of the Supreme Court of the State of New York · 1969
- Pellaton v. FranzeseAppellate Division of the Supreme Court of the State of New York · 1974
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3Cited by7 opinions
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- Rivera v. 21st Century Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Abreu v. FerrerAppellate Division of the Supreme Court of the State of New York · 1993
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