SMYTH v. MURPHY

10353. 157795/13.

177 A.D.3d 492 (2019)

114 N.Y.S.3d 302

2019 NY Slip Op 08353

Joseph J. Smyth, Appellant, v. Tracy Murphy et al., Respondents.

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

Decided November 19, 2019.


There is no valid line of reasoning and permissible inferences that could possibly support the jury's verdict based on the evidence presented at trial (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 498-499 [1978]). Defendant Tracy Murphy acknowledged that plaintiff's vehicle was stopped when she struck plaintiff's vehicle in the rear. Murphy's claim that plaintiff had stopped at a yellow light does not constitute a nonnegligent explanation...

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