Opinion
November 23, 1987
Appeal from the Supreme Court, Westchester County (Wood, J.).
Ordered that the order is affirmed, with costs.
In the motor vehicle accident giving rise to the instant lawsuit, the defendants' vehicle struck the rear of the plaintiff's vehicle on an unlighted road on a clear night with good visibility. The defendant driver pleaded guilty to driving while intoxicated. The jury determined that while the defendant driver was negligent in the operation of his motor vehicle, such negligence was not a proximate cause of this accident. In our view, this jury finding that the negligence of the defendant driver in striking the rear of plaintiff's vehicle was not a proximate cause of the accident was against the weight of the credible evidence and could not have been reached by any "fair interpretation of the evidence" (De Luca v. Kameros, 130 A.D.2d 705, 706; Quadrozzi v. Norcem Inc., 125 A.D.2d 559; Nicastro v Park, 113 A.D.2d 129; see also, Rebhan v. City of New York, 122 A.D.2d 31; O'Callaghan v. Flitter, 112 A.D.2d 1030; Bendet v Woods, 109 A.D.2d 724).
We further find that, under the circumstances of this case, an "emergency charge" should not have been given (see, Pescetti v Mastrodominico, 79 A.D.2d 970, affd 54 N.Y.2d 633).
We have considered the defendants' remaining contention and find it to be without merit. Brown, J.P., Eiber, Kunzeman and Spatt, JJ., concur.