Legal Opinion

Simone v. City of Niagara Falls

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 2001PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action seeking to recover damages for injuries they sustained when the vehicle owned by Robert J. Baker and operated by Theresa A. Simone was struck by a police vehicle operated by defendant Scott Dallavia, a police officer for defendant City of Niagara Falls (City). Defendants conceded liability and the case proceeded to trial on “damages only.” A precharge conference was held off the record but the record nevertheless establishes that defendants at that time requested that Supreme Court charge the jury that…

2Cases cited9 opinions

  1. Cullen v. NaplesNew York Court of Appeals · 1972
  2. Serpe v. Eyris Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Kelley v. BalascoAppellate Division of the Supreme Court of the State of New York · 1996
  4. Maldonado v. DePaloAppellate Division of the Supreme Court of the State of New York · 2000
  5. DePetres v. KaiserAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by5 opinions

  1. Ruzycki v. BakerAppellate Division of the Supreme Court of the State of New York · 2002
  2. Van Nostrand v. FroehlichAppellate Division of the Supreme Court of the State of New York · 2007
  3. Hock v. AvilesAppellate Division of the Supreme Court of the State of New York · 2005
  4. Johnson v. First Student, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Stirling v. SchaferAppellate Terms of the Supreme Court of New York · 2003

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