Legal Opinion
Aiello v. Garahan
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1982PublishedCited by 7 opinions
1Opinion of the Court
— Order reversed, without costs, plaintiffs’ motion *840denied and verdict reinstated. Memorandum: Trial Term erred in setting aside the jury’s verdict of no cause of action against plaintiffs and ordering a new trial. The evidence established that, at the time of the accident, defendant was going approximately 30 to 35 miles per hour, that the day was bright and clear, that defendant saw the flashing light on plaintiffs’ police car ahead of him and saw a vehicle in his rear view mirror. Apparently without warning, defendant momentarily dozed at the wheel, crashing into the rear of plaintiffs’…
2Cases cited2 opinions
- Smith v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1964
- Vignola v. BrittsAppellate Division of the Supreme Court of the State of New York · 1960
3Cited by7 opinions
- McGinn v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Spivak v. HeywardAppellate Division of the Supreme Court of the State of New York · 1998
- Reynolds v. MorfordAppellate Division of the Supreme Court of the State of New York · 1986
- Montana v. SmithAppellate Division of the Supreme Court of the State of New York · 1983
- Ficorilli v. ThomsenAppellate Division of the Supreme Court of the State of New York · 1999
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