Appellate Division of the Supreme Court of New York, 2000

Passariello v. Lally

Appellate Division of the Supreme Court of New York · Decided January 18, 2000

268 A.D.2d 464; 701 N.Y.S.2d 913; 2000 N.Y. App. Div. LEXIS 561

Cases that cite this one

1 later published case cites this decision.

Soto v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals *465from an interlocutory judgment of the Supreme Court, Suffolk County (D’Emilio, J.), entered March 3, 1999, which, upon a jury verdict, is in favor of the plaintiffs and against her on the issue of liability.

Ordered that the interlocutory judgment is reversed, on the facts and as a matter of discretion, and a new trial is granted, with costs to abide the event.

Under the circumstances of this case, the jury verdict finding that the plaintiff was negligent, but that his negligence was not a proximate cause of the accident, was against the weight of the evidence (see, Nicastro v Park, 113 AD2d 129, 134; see also, Bahadur v G.C. Constr. Corp., 265 AD2d 514; Stanton v Gasport View Dairy Farm, 244 AD2d 893). Ritter, J. P., Mc-Ginity, H. Miller and Feuerstein, JJ., concur.

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