Hackett v. Driver
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted that part of plaintiffs motion at the close of proof seeking a directed verdict on the issue of liability. Contrary to defendant’s contention, there is no evidence that plaintiff could have taken any action to avoid the collision (cf., Damerau v Johnson, 265 AD2d 927). The court also properly granted that part of plaintiffs motion seeking a directed verdict on the issue of serious injury (see, Insurance Law § 5102 [d]). Defendant contends that his expert did not concede that plaintiffs shoulder injury was…
2Cases cited4 opinions
- Countermine v. GalkaAppellate Division of the Supreme Court of the State of New York · 1993
- Ottavio v. MooreAppellate Division of the Supreme Court of the State of New York · 1988
- Paolini v. SienkiewiczAppellate Division of the Supreme Court of the State of New York · 1999
- Damerau v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1999
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- Stevens v. MaimoneAppellate Division of the Supreme Court of the State of New York · 2004