From Casetext: Smarter Legal Research

Kleynerman v. Nir Express Cab Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 9, 2006
29 A.D.3d 640 (N.Y. App. Div. 2006)

Opinion

2004-10528.

May 9, 2006.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Johnson, J.), dated November 17, 2004, which, upon a jury verdict in favor of the defendants and against her on the issue of liability, dismissed the complaint.

Taller Wizman, P.C., Forest Hills, N.Y. (Shayne, Dachs, Stanisci, Corker Sauer [Jonathan A. Dachs] of counsel), for appellant.

Cobert Haber Haber, Mineola, N.Y. (John V. Decolator of counsel), for respondents.

Before: Schmidt, J.P., Crane, Spolzino and Covello, JJ., concur.


Ordered that the judgment is affirmed, with costs.

At trial, the plaintiff conceded that if the defendant driver had a green light there would be an issue as to the applicability of the emergency doctrine. As the Supreme Court properly observed, there was conflicting evidence as to whether the defendant driver had a green light, so the issue of the applicability of the emergency doctrine was a question for the jury. In view of the plaintiff's concession, she may not complain on appeal of the Supreme Court's instruction on the emergency doctrine to which, in any event, she did not make a postcharge objection.

The verdict was not against the weight of the evidence ( see Lolik v. Big v. Supermarkets, 86 NY2d 744, 746; see generally Nicastro v. Park, 113 AD2d 129).


Summaries of

Kleynerman v. Nir Express Cab Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 9, 2006
29 A.D.3d 640 (N.Y. App. Div. 2006)
Case details for

Kleynerman v. Nir Express Cab Corp.

Case Details

Full title:LANA KLEYNERMAN, Appellant, v. NIR EXPRESS CAB CORP. et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 9, 2006

Citations

29 A.D.3d 640 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3729
815 N.Y.S.2d 920

Citing Cases

Ryan v. Town of Riverhead

s a matter of law by submitting a transcript of Maas's deposition testimony, in which he testified that he…