Legal Opinion

Hackett v. Driver

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

Decided December 27, 2000PublishedCited by 4 opinions

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

  1. Countermine v. GalkaAppellate Division of the Supreme Court of the State of New York · 1993
  2. Ottavio v. MooreAppellate Division of the Supreme Court of the State of New York · 1988
  3. Paolini v. SienkiewiczAppellate Division of the Supreme Court of the State of New York · 1999
  4. Damerau v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. Wojcik v. KentAppellate Division of the Supreme Court of the State of New York · 2005
  2. Chin v. KaplanAppellate Division of the Supreme Court of the State of New York · 2001
  3. Ferguson v. OzogAppellate Division of the Supreme Court of the State of New York · 2001
  4. Stevens v. MaimoneAppellate Division of the Supreme Court of the State of New York · 2004

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