KAPITANOVA v. RAFAELI


16 A.D.3d 108 (2005)

790 N.Y.S.2d 115

NINA KAPITANOVA, Appellant, v. LUBA RAFAELI, Respondent.

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

March 1, 2005.


The verdict is supported by the weight of the evidence showing that the accident was caused by a sudden, unforeseeable fatal heart attack suffered by the decedent just before his cab hit plaintiff (see McGinn v New York City Tr. Auth., 240 A.D.2d 378

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