Legal Opinion

Browne v. Pikula

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

Decided December 31, 1998PublishedCited by 9 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs and new trial granted on proximate cause and damages only in accordance with the following Memorandum: On July 21, 1995, defendant backed out of a parking space and collided with plaintiffs’ van, allegedly causing injury to Michael Browne, Jr. (plaintiff). At trial, medical experts testified on behalf of plaintiffs and defendant. The jury found that, although defendant was negligent, such negligence was not a proximate cause of plaintiffs injuries. Plaintiffs moved pursuant to CPLR 4404 (a) to set aside the verdict…

2Cases cited5 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. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  4. Rogers v. DiChristinaAppellate Division of the Supreme Court of the State of New York · 1993
  5. Darrow v. LavanchaAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by9 opinions

  1. American Linen Supply Co. v. M.W.S. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Herbst v. MarshallAppellate Division of the Supreme Court of the State of New York · 2011
  3. Caccioppoli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  4. Augustine v. DandreaAppellate Division of the Supreme Court of the State of New York · 2000
  5. Zecher v. BackusAppellate Division of the Supreme Court of the State of New York · 2001

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