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McGUIRE v. LAIER

281 A.D.2d 401 (2001)

721 N.Y.S.2d 552

CONSTANCE O. McGUIRE et al., Appellants, v. MARGARET LAIER, Respondent.

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

Decided March 5, 2001.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly refused to charge that the injured plaintiff, who allegedly suffered from amnesia as a result of the subject accident, was subject to a lesser burden of proof in establishing, among other things, that the defendant was negligent (see, Costa v Hicks, 98 A.D.2d 137; PJI 1:62). Before the commencement of trial, counsel for the parties agreed that the...

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