Sowell v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

Sowell v. Motor Vehicle Accident Indemnification Corp.

16 A.D.3d 282, 791 N.Y.S.2d 413, 2005 N.Y. App. Div. LEXIS 3125

Appellate Division of the Supreme Court of the State of New York·Decided March 24, 2005·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Michael V Ajello, J., and a jury), entered December 18, 2003, dismissing an action for personal injuries allegedly sustained in a hit-and-run accident, unanimously affirmed, without costs.

While plaintiff and a friendly witness were the only persons to testify at trial, it does not necessarily follow that the verdict in defendant’s favor was against the weight of the evidence, where neither witness’s testimony gave any indication of the manner in which the offending vehicle was negligent. In addition, plaintiffs testimony concerning the effect of the impact on his balance was impeached on cross-examination. Plaintiff’s challenge to the jury interrogatories is unpreserved (CPLR 4110-b) and, in any event, the claimed error was harmless. Concur—Tom, J.P., Mazzarelli, Saxe, Ellerin and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Michael V Ajello, J., and a jury), entered December 18, 2003, dismissing an action for personal injuries allegedly sustained in a hit-and-run accident, unanimously affirmed, without costs.

While plaintiff and a friendly witness were the only persons to testify at trial, it does not necessarily follow that the verdict in defendant’s favor was against the weight of the evidence, where neither witness’s testimony gave any indication of the manner in which the offending vehicle was negligent. In addition, plaintiffs testimony concerning the effect of the impact on his balance was impeached on cross-examination. Plaintiff’s challenge to the jury interrogatories is unpreserved (CPLR 4110-b) and, in any event, the claimed error was harmless. Concur—Tom, J.P., Mazzarelli, Saxe, Ellerin and Nardelli, JJ.

Sowell v. Motor Vehicle Accident Indemnification Corp., 16 A.D.3d 282, 791 N.Y.S.2d 413, 2005 N.Y. App. Div. LEXIS 3125 (N.Y. Ct. App. 2005).

Pincite

16 A.D.3d 282 (Sowell v. Motor Vehicle Accident Indemnification Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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