From Casetext: Smarter Legal Research

Trombin v. Rahman

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2006
33 A.D.3d 564 (N.Y. App. Div. 2006)

Opinion

No. 9414.

October 31, 2006.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered February 6, 2006, upon a jury verdict, in favor of defendants-respondents, unanimously affirmed, without costs.

Before: Tom, J.P., Andrias, Marlow, McGuire and Malone, JJ.


Plaintiffs' motion for a directed verdict was properly denied since, based on the trial evidence, the jury could have rationally concluded ( see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]) that on the occasion in question defendant taxicab operator Rahman unavoidably lost control of his vehicle after hitting a pothole and, accordingly, was not negligent in connection with the accident in which plaintiff Klaudio Trombin, his passenger, was injured.

The trial court properly permitted defendants' orthopedist to testify as to his interpretation of the MRI films of plaintiffs cervical and lumbar spine, since he had reviewed the actual films and plaintiffs had notified the court of their intention to introduce the films into evidence ( see Wagman v Bradshaw, 292 AD2d 84).

We have considered plaintiffs' remaining arguments and find them unavailing.


Summaries of

Trombin v. Rahman

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2006
33 A.D.3d 564 (N.Y. App. Div. 2006)
Case details for

Trombin v. Rahman

Case Details

Full title:KLAUDIO TROMBIN et al., Appellants, v. CITY OF NEW YORK et al.…

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

Date published: Oct 31, 2006

Citations

33 A.D.3d 564 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7816
824 N.Y.S.2d 14