Kapitanova v. Rafaeli

Appellate Division of the Supreme Court of New York

Kapitanova v. Rafaeli

16 A.D.3d 108, 790 N.Y.S.2d 115, 2005 N.Y. App. Div. LEXIS 2065

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 2005·Published

Opinion

Order, Supreme Court, New York County (R. Bruce Cozzens, Jr., J., and a jury), entered October 6, 2003, upon a jury verdict, [109] dismissing the complaint in an action for personal injuries sustained when plaintiff was struck by a cab driven by the decedent and co-owned by the decedent and defendant, unanimously affirmed, without costs.

The verdict is supported by the weight of the evidence showing that the accident was caused by a sudden, unforeseeable fatal heart attack suffered by the decedent just before his cab hit plaintiff (see McGinn v New York City Tr. Auth., 240 AD2d 378, 379 [1997]). Concur—Buckley, EJ., Tom, Saxe, Friedman and Sweeny, JJ.

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Order, Supreme Court, New York County (R. Bruce Cozzens, Jr., J., and a jury), entered October 6, 2003, upon a jury verdict, [109] dismissing the complaint in an action for personal injuries sustained when plaintiff was struck by a cab driven by the decedent and co-owned by the decedent and defendant, unanimously affirmed, without costs.

The verdict is supported by the weight of the evidence showing that the accident was caused by a sudden, unforeseeable fatal heart attack suffered by the decedent just before his cab hit plaintiff (see McGinn v New York City Tr. Auth., 240 AD2d 378, 379 [1997]). Concur—Buckley, EJ., Tom, Saxe, Friedman and Sweeny, JJ.

Kapitanova v. Rafaeli, 16 A.D.3d 108, 790 N.Y.S.2d 115, 2005 N.Y. App. Div. LEXIS 2065 (N.Y. Ct. App. 2005).

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Opinion

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