Aetna Casualty & Surety Co. v. Barile
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bloom, J.
This case poses a single and narrow issue; whether the testimony of respondent’s expert in the circumstances here indicated was so speculative that it failed to present an issue determinable by the trier of the fact. We hold that it was. Accordingly, we reverse and grant the motion to stay arbitration.
*363The record discloses that sometime prior to 4:45 a.m. on the morning of May 9, 1980, Anthony Barile, the respondent’s intestate, was traveling west on Route 52 in the Town of Shawangunk, Ulster County, New York. He was alone in the vehicle and the highway was a two…
2Cases cited8 opinions
- Cassano v. HagstromNew York Court of Appeals · 1959
- Tarlowe v. Metropolitan Ski Slopes, Inc.New York Court of Appeals · 1971
- Marx v. Ontario Beach Hotel & Amusement Co.New York Court of Appeals · 1914
- Weibert v. . HananNew York Court of Appeals · 1911
- Rodolitz v. Boston-Old Colony InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by34 opinions
- Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
- Roques v. NobleAppellate Division of the Supreme Court of the State of New York · 2010
- Fallon v. Hannay & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Davidson v. Sachem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Lugo v. LJN Toys, Ltd.Appellate Division of the Supreme Court of the State of New York · 1989
29 more not listed; retrieve them via the Exa API.