Lanigan v. United School Bus, Inc.

Appellate Division of the Supreme Court of New York

Lanigan v. United School Bus, Inc.

279 A.D.2d 613, 719 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 816

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

DecidedJanuary 29, 2001

StatusPublished

This text of 279 A.D.2d 613 (Lanigan v. United School Bus, Inc.) 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

Lanigan v. United School Bus, Inc., 279 A.D.2d 613, 719 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 816 (N.Y. Ct. App. 2001).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Lisa, J.), dated March 10, 2000, which, upon granting the defendants’ motion made at the close of her case to dismiss the complaint for failure to prove a prima facie case, dismisses the complaint.

Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

The evidence adduced by the plaintiff at trial was sufficient to prove a prima facie case. Accordingly, the Supreme Court erred in granting the defendants’ motion to dismiss based on her alleged failure to do so. Ritter, J. P., Altman, H. Miller and Schmidt, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Lisa, J.), dated March 10, 2000, which, upon granting the defendants’ motion made at the close of her case to dismiss the complaint for failure to prove a prima facie case, dismisses the complaint.

Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

The evidence adduced by the plaintiff at trial was sufficient to prove a prima facie case. Accordingly, the Supreme Court erred in granting the defendants’ motion to dismiss based on her alleged failure to do so. Ritter, J. P., Altman, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

279 A.D.2d 613, 719 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanigan-v-united-school-bus-inc-nyappdiv-2001.