MARTINEZ v. COCA-COLA REFRESHMENTS USA, INC.

2017-12571. Index No. 22192/12.

187 A.D.3d 1170 (2020)

133 N.Y.S.3d 296

2020 NY Slip Op 06114

Andy Martinez, Respondent, v. Coca-Cola Refreshments USA, Inc., et al., Appellants, et al., Defendant.

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

Decided October 28, 2020.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion to set aside the jury verdict on the issue of damages is denied.

The plaintiff commenced this action to recover damages for personal injuries, alleging that he was a passenger in a vehicle that was struck in the rear by a delivery truck owned by the defendant Coca-Cola Refreshments USA, Inc., and operated by the defendant Alejandro DeJesus (hereinafter...

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