PALMER v. WALTERS


29 A.D.3d 552 (2006)

814 N.Y.S.2d 689

ELIZABETH PALMER, Appellant, v. THOMAS WALTERS, Respondent.

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

May 2, 2006.


Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is denied, and the jury verdict on the issue of liability is reinstated.

The plaintiff, a passenger in a vehicle driven by the defendant, Thomas Walters, allegedly was injured in a collision that occurred when a vehicle driven by John Romanelli pulled out of a parking lot and into the path of Walters' vehicle. The plaintiff testified at trial that Walters was driving...

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