§Why CasetextPricing

Theresa Devito, Appellant,v.Dennis Feliciano et al., Respondents.

Brief

10 Cited authorities

  1. People v. Macana

    84 N.Y.2d 173 (N.Y. 1994)   Cited 150 times
    Cautioning against refusing a missing witness charge because failure to issue such a charge may allow the defendant to "fabricate" a defense and "shift criminal responsibility to the uncalled witness"

  2. Doviak v. Lowe's Home Centers, Inc.

    63 A.D.3d 1348 (N.Y. App. Div. 2009)   Cited 15 times

    No. 506019. June 11, 2009. Appeals (1) from a judgment of the Supreme Court (Egan, Jr., J.), entered December 31, 2007 in Ulster County, upon a verdict rendered in favor of plaintiff, (2) from an order of said court, entered June 4, 2008 in Ulster County, which, upon reargument, amended the judgment, and (3) from the amended judgment entered thereon. Levy, Phillips Konigsberg, New York City (Steven J. Phillips of counsel), for appellant. Hodgson Russ, L.L.P., New York City (Margaret M. Cmielewski

  3. Hazel v. Nika

    40 A.D.3d 430 (N.Y. App. Div. 2007)   Cited 11 times

    No. 9975. May 22, 2007. Judgment, Supreme Court, Bronx County (Alan J. Saks, J.), entered August 31, 2005, awarding plaintiff, on a jury verdict, $200,000 and $250,000 for past and future pain and suffering, respectively, reversed, on the law, without costs or disbursements, and the matter remanded for a new trial. Mauro Goldberg Lilling LLP, Great Neck (Anthony F. DeStefano of counsel), for appellants. Pollack, Pollack, Isaac DeCicco, New York (Brian J. Isaac of counsel), for respondents. Before:

  4. Getlin v. St. Vincent's Hosp. Med. Center

    117 A.D.2d 707 (N.Y. App. Div. 1986)   Cited 31 times
    In Getlin, the Appellate Division ruled that a trial court properly refused to give a PJI 1:75 charge because the uncalled witness's testimony would "have been merely cumulative of the testimony of the plaintiff's treating physician and... experts" (id. at 709).

  5. Goverski v. Miller

    282 A.D.2d 789 (N.Y. App. Div. 2001)   Cited 10 times

    April 5, 2001. Appeal from a judgment of the Supreme Court (Williams, J.), entered May 11, 2000 in Saratoga County, upon a verdict rendered in favor of defendants. Finkelstein, Levine, Gittelsohn Partners (George A. Kohl II of counsel), Newburgh, for appellant. Ainsworth, Sullivan, Tracy, Knauf, Warner Ruslander (Rebecca A. Slezak of counsel), Albany, for Michael Miller and another, respondents. Carter, Conboy, Case, Blackmore, Maloney Laird P.C. (Andrew G. Ceresia of counsel), Albany, for Boghosian

  6. Holbrook v. Pruiksma

    43 A.D.3d 603 (N.Y. App. Div. 2007)   Cited 4 times

    No. 502182. August 9, 2007. Appeal from a judgment of the Supreme Court (Doyle, J.), entered June 8, 2006 in Greene County, upon a verdict rendered in favor of defendant. Lewis Stanzione, Catskill (Ralph C. Lewis Jr. of counsel), for appellant. Boeggeman, George Corde, P.C., Albany (Cynthia Dolan of counsel), for respondent. Before: Cardona, P.J., Peters, Spain and Kane, JJ., concur. Carpinello, J. On May 7, 2004, plaintiff's car was rear-ended by defendant's car and thereafter plaintiff commenced

  7. Morton v. New York City Health Hosps. Corp.

    8 A.D.3d 122 (N.Y. App. Div. 2004)   Cited 2 times

    3916. Decided June 17, 2004. Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered April 29, 2003, which, upon jury verdict, dismissed the complaint, unanimously affirmed, without costs. Gregory Antollino, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Deborah A. Brenner of counsel), for municipal respondent. Hodgson Russ, LLP, New York (Lawrence R. Bailey, Jr. of counsel), for Kinney Systems, Inc., respondent. Before: Buckley, P.J., Nardelli, Andrias

  8. Accardi v. City of New York

    121 A.D.2d 489 (N.Y. App. Div. 1986)   Cited 15 times

    June 16, 1986 Appeal from the Supreme Court, Queens County (Le Vine, J.). Judgment modified, on the facts and as a matter of discretion, without costs or disbursements, by striking the first decretal paragraph thereof, and granting the defendants City of New York, Police Department of the City of New York, and Rudolph Buchholz a new trial on the issue of damages only, unless within 20 days after service upon the plaintiff Lena Accardi of a copy of the order to be made hereon, with notice of entry

  9. O'Brien v. Golan

    284 A.D.2d 256 (N.Y. App. Div. 2001)   Cited 1 times

    June 26, 2001. Judgment, Supreme Court, New York County (Louis York, J. and a jury), entered April 12, 2000, dismissing the action upon findings that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs. Pro Se, for plaintiff-appellant. Stephen G. Ringel, for defendant-respondent. Before: Nardelli, J.P., Williams, Tom, Mazzarelli, Marlow, JJ. The various points of error urged by plaintiff do not warrant any relief. While it

  10. Berrios v. General Star Corp.

    210 A.D.2d 131 (N.Y. App. Div. 1994)   Cited 1 times

    December 15, 1994 Appeal from the Supreme Court, New York County (Thomas Adams, J.). In this action for personal injury, tried to the jury solely on the issue of damages, plaintiff's evidence on the issue of damages consisted of his unsupported and inconsistent testimony of previous employment and medical treatment, his companion's sometimes contradictory testimony concerning the duration of his hospital treatment after the accident and quality of life, and his medical expert's testimony that much