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VISONE v. THIRD & TWENTY EIGHT LLC

11721. 150978/16.

184 A.D.3d 543 (2020)

124 N.Y.S.3d 546

2020 NY Slip Op 03623

Christopher Visone, Appellant, v. Third & Twenty Eight LLC et al., Respondents.

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

Decided June 25, 2020.

Plaintiff was not entitled to a Noseworthy inference (see Noseworthy v City of New York, 298 N.Y. 76 [1948]) because he failed to offer expert medical evidence establishing, by clear and convincing evidence, that his lack of memory of his accident is causally related to his accident (see Sawyer v Dreis & Krump Mfg. Co., 67 N.Y.2d 328, 333-335 [1986]; Tselebis v Ryder Truck Rental, Inc., 72...

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