MURPHY v. CRECCO (1998)

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

Kathleen MURPHY, Appellant, v. John E. CRECCO, et al., Respondents.

No. 97-10242.

Decided: November 02, 1998

Before BRACKEN, J.P., and RITTER, COPERTINO, SANTUCCI and ALTMAN, JJ.

Grace & Grace, Yorktown Heights (William J. Grace, of counsel), for appellant. Charles V. Borsetti, White Plains (Shayne, Dachs, Stanisci, Corker & Sauer [Jonathan A. Dachs], of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Coppola, J.), dated October 1, 1997, which, upon a jury verdict in favor of the defendants and against her, dismissed the complaint.

ORDERED that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, expert testimony with regard to the significance of the force of the impact between the two vehicles involved in the subject accident was not necessary since this is a matter within the ordinary knowledge and experience of the trier of the facts (see generally, De Long v. County of Erie, 60 N.Y.2d 296, 307, 469 N.Y.S.2d 611, 457 N.E.2d 717; Matott v. Ward, 48 N.Y.2d 455, 459, 423 N.Y.S.2d 645, 399 N.E.2d 532).

MEMORANDUM BY THE COURT.

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