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

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 2001·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

279 A.D.2d 613 (Lanigan v. United School Bus, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.