Horney v. Tisyl Taxi Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Silverman, J.
These are cross appeals from a judgment of the Supreme Court in favor of plaintiff James C. Horney, after jury trial, *292for $15,670 ($15,000 plus interest and costs), and from an order denying said plaintiff’s application to “correct” the judgment to $70,000.
Plaintiff was a passenger in a taxicab owned by defendant Tisyl Taxi Corp. and operated by defendant Andrion Del Valle. Defendant Tisyl contends that Del Valle was not its employee but rather the lessee of the taxicab.
Because the driver Del Valle objected to plaintiff’s desire to smoke a cigar in his cab,…
2Cases cited6 opinions
- In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & GholsonAppellate Division of the Supreme Court of the State of New York · 1979
- McConnell v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
- United Services Automobile Ass'n v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Rivera v. Bronx-Lebanon Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1979
- In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & GholsonNew York Supreme Court · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Walton v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1996
- Home State Insurance v. Continental InsuranceNew Jersey Superior Court Appellate Division · 1998
- Gaige v. KeplerAppellate Division of the Supreme Court of the State of New York · 2003
- Olin v. MooreAppellate Division of the Supreme Court of the State of New York · 1991
- Levitt v. PelusoNew York Supreme Court · 1995
12 more not listed; retrieve them via the Exa API.