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RIOS v. SMITH

95 N.Y.2d 647 (2001)

744 N.E.2d 1156

722 N.Y.S.2d 220

DESIREE RIOS, Respondent, v. FRANK SMITH, JR., et al., Defendants, and THEODORE PERSICO, Also Known as TEDDY PERSICO, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 2001.

Attorney(s) appearing for the Case

Lawrence N. Rogak, L. L. C., Oceanside (Renee Himmel of counsel), for appellant.

Peter J. Maloney, Brooklyn, for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

Plaintiff Desiree Rios commenced a negligence action against several defendants to recover damages for injuries she sustained as a passenger on an all-terrain vehicle (ATV) that collided with a tree. The primary issue in this case is whether the jury verdict, which found defendant Theodore Persico's (Persico) negligence to be a proximate cause of the accident, can stand as a matter...

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