Opinion
06-07-2016
Aaron JENKINS, Plaintiff–Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Defendant–Appellant.
Kornfeld, Rew, Newman & Simeone, Suffern (William S. Badura of counsel), for appellant. Kagan & Gertel, Brooklyn (Irving Gertel of counsel), for respondent.
Kornfeld, Rew, Newman & Simeone, Suffern (William S. Badura of counsel), for appellant. Kagan & Gertel, Brooklyn (Irving Gertel of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about May 14, 2015, which, after a trial in which a jury returned a verdict in defendant's favor, granted plaintiff's motion for a judgment notwithstanding the verdict, and ordered a new trial on damages, unanimously reversed, on the law, without costs, and the motion denied. The Clerk is directed to enter judgment dismissing the complaint.
Given the inconsistency of plaintiff's testimony, and the deficiencies in his proof, the fact that he was the only witness to testify, in this “hit and run” accident, did not require a liability finding in his favor (see Barreto v Motor Veh. Acc. Indem. Corp., 38 A.D.3d 359, 360, 830 N.Y.S.2d 897 [1st Dept.2007] ; Sowell v Motor Veh. Acc. Indem. Corp., 16 A.D.3d 282, 791 N.Y.S.2d 413 [1st Dept.2005] ).
TOM, J.P., SWEENY, MOSKOWITZ, RICHTER, GESMER, JJ., concur.