Legal Opinion

Fogliani v. Salvato

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1994PublishedCited 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, Richmond County (Cusick, J.), dated July 14, 1992, which, after a jury trial on the issue of damages, dismissed the complaint.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, with costs, and a new trial is granted on the issue of damages only.

The plaintiff, a passenger in the front seat of a vehicle driven by the defendant Salvatore Salvato, suffered injuries *582when the vehicle hit a guardrail. At the liability phase of the trial, the jury found…

2Cases cited3 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  3. Nordhauser v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by4 opinions

  1. Vignola v. VarrichioAppellate Division of the Supreme Court of the State of New York · 1997
  2. Stanley v. LallisAppellate Division of the Supreme Court of the State of New York · 1998
  3. Morgan v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Sarnelli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020

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