ALMESTICA v. COLON


304 A.D.2d 508 (2003)

757 N.Y.S.2d 336

GLORIA ALMESTICA, Appellant, v. MARIE COLON, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 7, 2003.


Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The plaintiff was injured when the defendant Marie Colon's vehicle, in which the plaintiff was a passenger, collided in a parking lot with the defendant Delano Dorsaint's vehicle. Before the trial, the plaintiff settled her action against Dorsaint for the full amount of his policy. After trial, the jury returned a verdict in favor of Colon finding that Dorsaint...

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