MEMENZA v. COLE

2014-08986, Index No. 13703/12.

131 A.D.3d 1020 (2015)

16 N.Y.S.3d 287

2015 NY Slip Op 06789

JACQUELINE MEMENZA, Appellant, v. ALFRED R. COLE et al., Respondents.

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

Decided September 16, 2015.


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial before a different Justice.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when she was struck by a motor vehicle owned by the defendant Rolanda Butler and operated by the defendant Alfred R. Cole. At a jury trial, the plaintiff testified that...

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