Legal Opinion

Gaudiello v. City of New York

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

Decided January 25, 2011PublishedCited by 19 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Weiss, J.), entered October 22, 2009, which, upon a jury verdict in favor of the defendants Motiva Enterprises, LLC, and Atlantic Auto Care, Inc., and against her on the issue of liability, and upon the denial of her motion pursuant to CPLR 4404 (a) to set aside the verdict, inter alia, as contrary to the weight of the evidence, and for a new trial, dismissed the complaint insofar as asserted against those defendants.

Ordered that the judgment is reversed, on the…

2Cases cited5 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  3. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  4. Dellamonica v. Carvel Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Shaw v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by19 opinions

  1. Das v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Vigil v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Wallace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  4. Ahmed v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Fraser v. 147 Rockaway Pkw, LLCAppellate Division of the Supreme Court of the State of New York · 2022

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