Tatlici v. APA Truck Leasing Corp.

Appellate Division of the Supreme Court of New York

Tatlici v. APA Truck Leasing Corp.

8 A.D.3d 656, 778 N.Y.S.2d 898, 2004 N.Y. App. Div. LEXIS 9156

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

DecidedJune 28, 2004

StatusPublished

Cited by1 cases

This text of 8 A.D.3d 656 (Tatlici v. APA Truck Leasing Corp.) 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.

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Tatlici v. APA Truck Leasing Corp., 8 A.D.3d 656, 778 N.Y.S.2d 898, 2004 N.Y. App. Div. LEXIS 9156 (N.Y. Ct. App. 2004).

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Opinion

In an action to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Aliotta, J.), entered March 13, 2003, which, upon a jury verdict, is in favor of the defendants and against them.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly rejected the plaintiffs’ request to charge the jury that the defendants were liable for any subsequent aggravation of the injuries due to subsequent medi[657]*657cal treatment, or even subsequent medical malpractice (see PJI3d 2:305 [2004 Supp]), since there was no factual basis for such a charge (see LaGrasta v Ettayyim, 5 AD3d 737 [2004]; Lebron v St. Vincent’s Hosp. & Med. Ctr., 261 AD2d 246 [1999]). S. Miller, J.P., Schmidt, Rivera and Spolzino, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Aliotta, J.), entered March 13, 2003, which, upon a jury verdict, is in favor of the defendants and against them.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly rejected the plaintiffs’ request to charge the jury that the defendants were liable for any subsequent aggravation of the injuries due to subsequent medi[657]*657cal treatment, or even subsequent medical malpractice (see PJI3d 2:305 [2004 Supp]), since there was no factual basis for such a charge (see LaGrasta v Ettayyim, 5 AD3d 737 [2004]; Lebron v St. Vincent’s Hosp. & Med. Ctr., 261 AD2d 246 [1999]). S. Miller, J.P., Schmidt, Rivera and Spolzino, JJ., concur.

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Bluebook (online)

8 A.D.3d 656, 778 N.Y.S.2d 898, 2004 N.Y. App. Div. LEXIS 9156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tatlici-v-apa-truck-leasing-corp-nyappdiv-2004.

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