Pelletteri v. Igor and Alex Taxi, Inc.

OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, affirmed without costs.

Plaintiff brought this action to recover for injuries sustained in a motor vehicle accident. In the liability portion of the bifurcated trial, the court below granted defendants’ motion pursuant to CPLR 4401 and dismissed the complaint. The court found that the plaintiff failed to make out a prima facie case with regard to properly identifying the yellow taxicab which struck her car. On a postrial motion to vacate the judgment, plaintiffs counsel for the first time alleged that the defendant corporation had…