Simone v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
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…
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