Legal Opinion

LaPenta v. Loca-Bik Ltee Transport

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

Decided April 25, 1997No. Appeal No. 1PublishedCited by 7 opinions

1Opinion of the Court

—Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: Kathleen M. LaPenta (plaintiff) was injured when the automobile she was operating collided with a tractor-trailer as it was backing into the driveway of a parking lot. Thereafter, plaintiff and her husband commenced this action against the owner, defendant Loca-Bik Ltee Transport, and operator, defendant Sylvain Rebel. The jury returned a verdict of no cause of action. Plaintiffs contend that certain errors by Supreme Court require a new trial. We agree.

The court erred in permitting a police officer to…

2Cases cited4 opinions

  1. Stevens v. KirbyAppellate Division of the Supreme Court of the State of New York · 1982
  2. Franco v. ZingarelliAppellate Division of the Supreme Court of the State of New York · 1980
  3. Rodriguez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  4. Van Scooter v. 450 Trabold Road, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by7 opinions

  1. Holownia v. CarusoAppellate Division of the Supreme Court of the State of New York · 2020
  2. Kolbert v. Maplewood Healthcare Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Everett v. Loretto Adult Community, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. D.R. v. Santos Bakery, Inc.District Court, S.D. New York · 2023
  5. Litts v. Wayne Paving Co.Appellate Division of the Supreme Court of the State of New York · 1999

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