History
  • No items yet
midpage
Miller v. Almadovar
6 A.D.3d 405
| N.Y. App. Div. | 2004
|
Check Treatment

In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Kangs County (Schneier, J.), dated May 9, 2003, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $80,000.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendants’ contention, the plaintiffs proof was sufficient to show that her injuries were caused by the motor vehicle accident with the defendants, which occurred on July 19, 1995 (see Matott v Ward, 48 NY2d 455, 459, 461 [1979]; People v Bethune, 105 AD2d 262 [1984]; cf. Andre v Seem, 234 AD2d 325 [1996]). Thus, the verdict in favor of the plaintiff was based on legally sufficient evidence, as the evidence presented at the trial provided a rational basis for the jury determination (see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]).

The defendants’ remaining contentions are without merit. Santucci, J.E, Florio, Schmidt and Mastro, JJ., concur.

Case Details

Case Name: Miller v. Almadovar
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 5, 2004
Citation: 6 A.D.3d 405
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.