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

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

DecidedMarch 1, 2005

StatusPublished

This text of 16 A.D.3d 108 (Kapitanova v. Rafaeli) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Order, Supreme Court, New York County (R. Bruce Cozzens, Jr., J., and a jury), entered October 6, 2003, upon a jury verdict, [109]*109dismissing 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]*109dismissing 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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Bluebook (online)

16 A.D.3d 108, 790 N.Y.S.2d 115, 2005 N.Y. App. Div. LEXIS 2065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kapitanova-v-rafaeli-nyappdiv-2005.

Opinion

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