Horton v. Smith
Cases that cite this one
50 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of State of New York v. Scott P. (Appellate Division of the Supreme Court of New York 2026)
- Mejia v. Japan Socy., Inc. (New York Supreme Court, Bronx County 2025)
- Mejia v. Japan Socy., Inc. (New York Supreme Court, Bronx County 2025)
- Matter of Woodcock v. Welt (Appellate Division of the Supreme Court of New York 2023)
- Evans v. Old Forge Props., Inc. (Appellate Division of the Supreme Court of New York 2023)
- Marquez v. 171 Tenants Corp. (Appellate Division of the Supreme Court of New York 2023)
- Matter of Harkenrider v. Hochul (Appellate Division of the Supreme Court of New York 2022)
- Peevey v. Unity Health Sys. (Appellate Division of the Supreme Court of New York 2021)
- Matter of Ingber (Appellate Division of the Supreme Court of New York 2020)
- People v. Hargrove (Appellate Division of the Supreme Court of New York 2018)
- In re Avery KK. (Appellate Division of the Supreme Court of New York 2016)
- In re Avery KK. (Appellate Division of the Supreme Court of New York 2016)
- Juric v. Bergstraesser (Appellate Division of the Supreme Court of New York 2015)
- New Media Holding Co. v. Kagalovsky (Appellate Division of the Supreme Court of New York 2014)
- New Media Holding Co. v. Kagalovsky (Appellate Division of the Supreme Court of New York 2014)
- State v. Timothy JJ. (Appellate Division of the Supreme Court of New York 2010)
- Taylor v. New York University Medical Center (Appellate Terms of the Supreme Court of New York 2008)
- Wilson v. Hallen Construction Corp. (Appellate Division of the Supreme Court of New York 2007)
- Zelaya v. New York Auto Body, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Hochhauser v. Electric Insurance (Appellate Division of the Supreme Court of New York 2007)
- O'Brien v. Barretta (Appellate Division of the Supreme Court of New York 2007)
- Herrera v. Braunstein (Appellate Terms of the Supreme Court of New York 2006)
- Gennaro v. Locascio (Appellate Division of the Supreme Court of New York 2005)
- Hotaling v. CSX Transportation (Appellate Division of the Supreme Court of New York 2004)
- Andresen v. Kirschner (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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division that the police officer’s testimony as to the point of impact was "without objection on the part of plaintiff”.
When a timely objection is not made, the testimony offered is presumed to have been unobjectionable and any alleged error considered waived. (CPLR 4017; 4 Weinstein-Korn-Miller, NY Civ Prac, par 4017.05, at pp 40-87 to 40-88.)
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.