SMITH v. LIPSKY

2018-03726. Index No. 5089/16.

189 A.D.3d 1104 (2020)

133 N.Y.S.3d 857

2020 NY Slip Op 07415

Halle Smith, Appellant, v. Samantha Ruth Lipsky et al., Respondents.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Rubino Law Firm, Yonkers, NY ( JenniElena Rubino of counsel), for appellant.

The Law Office of David S. Klausner PLLC, White Plains, NY ( Stephen H. Slater of counsel), for respondents.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ. concur.


Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Orange County, for a new trial on the issue of damages.

On February 12, 2015, the plaintiff was a passenger in a vehicle owned and operated by the defendants. That vehicle rear-ended another vehicle. The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained in the accident. The plaintiff alleged in the bill...

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