Legal Opinion

Tobacco v. North Babylon Volunteer Fire Department

New York Supreme Court

Decided March 5, 1999PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

James M. Catterson, J.

Defendant North Babylon Volunteer Fire Department’s motion for judgment as a matter of law pursuant to CPLR 4401 is denied as stated on the record in this court, March 3, 1999. The decision of the court follows.

This action was commenced by plaintiff Janine Napolitano Tobacco to recover for personal injuries allegedly sustained by her on May 30, 1991. Plaintiff was a passenger in a car operated by defendant Margaret Superty which was struck by a fire truck driven by Volunteer Firefighter Thomas Doyle (hereinafter referred to as Doyle) and owned by…

2Cases cited17 opinions

  1. Szczerbiak v. PilatNew York Court of Appeals · 1997
  2. Saarinen v. KerrNew York Court of Appeals · 1994
  3. Campbell v. City of ElmiraNew York Court of Appeals · 1994
  4. Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
  5. Sanders v. WinshipNew York Court of Appeals · 1982

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3Cited by4 opinions

  1. Lynch v. WatersAppellate Division of the Supreme Court of the State of New York · 2011
  2. Tobacco v. North Babylon Volunteer Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2000
  3. DiFranco v. EssigAppellate Division of the Supreme Court of the State of New York · 2003
  4. Lynch v. WatersAppellate Division of the Supreme Court of the State of New York · 2010

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