Ciocca v. Park

New York Court of Appeals

Ciocca v. Park

839 N.E.2d 892, 5 N.Y.3d 835, 805 N.Y.S.2d 539

CourtNew York Court of Appeals

DecidedOctober 20, 2005

StatusPublished

Cited by8 cases

This text of 839 N.E.2d 892 (Ciocca v. Park) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ciocca v. Park, 839 N.E.2d 892, 5 N.Y.3d 835, 805 N.Y.S.2d 539 (N.Y. 2005).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. We agree with the Appellate Division majority that plaintiff failed to properly demonstrate causation. Plaintiff did not lay an adequate foundation for the testimony of his experts that plaintiffs injuries were caused by acute trauma as a result of a motor vehicle accident. Accordingly, defendants’ motion for a directed verdict was properly granted.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

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