Legal Opinion
Bobrowsky v. Toyota Motor Sales U.S.A., Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 1999PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), dated June 12, 1997, which, upon a jury verdict, and upon the denial of her motion pursuant to CPLR 4404 (a) to set aside the verdict, is in favor of the defendants and against her.
Ordered that the judgment is affirmed, with costs.
The plaintiffs contention that her claim of psychiatric injury or damage was completely withdrawn is belied by the record. Since the plaintiff affirmatively placed her mental condition at issue, she waived the…
2Cases cited5 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- People v. RensingNew York Court of Appeals · 1964
- Ellarson v. EllarsonAppellate Division of the Supreme Court of the State of New York · 1921
- Daniele v. Long Island Jewish-Hillside Medical CenterAppellate Division of the Supreme Court of the State of New York · 1980
- Tamborino v. BurakoffAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- Corbey v. AllamAppellate Division of the Supreme Court of the State of New York · 2009
- Friedman v. FrankNew York Supreme Court · 2007
- Graziano v. CaganAppellate Division of the Supreme Court of the State of New York · 2013
- Graziano v. CaganAppellate Division of the Supreme Court of the State of New York · 2013