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Kunkel v. Leonardi

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1971
36 A.D.2d 844 (N.Y. App. Div. 1971)

Opinion

April 19, 1971


In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County, dated June 24, 1970, which, after a trial on the issue of liability only, set aside a jury verdict in defendants' favor on the ground that such verdict was against the weight of the credible evidence, and ordered a new trial. Order reversed on the facts without costs, verdict reinstated and judgment directed in defendants' favor thereon. The testimony given at the trial was sufficient to support a jury finding that the plaintiff had contributed to, if not deliberately caused, the accident which he seeks to blame entirely on the defendant. As such, a finding for the defendant was proper, and it was error for the trial court to set aside the defendants' verdict ( Fogel v. Nelson, 33 A.D.2d 540). Martuscello, Acting P.J., Latham, Gulotta, Christ and Benjamin, JJ., concur.


Summaries of

Kunkel v. Leonardi

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1971
36 A.D.2d 844 (N.Y. App. Div. 1971)
Case details for

Kunkel v. Leonardi

Case Details

Full title:GEORGE E. KUNKEL et al., Respondents, v. LAWRENCE E. LEONARDI et al.…

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

Date published: Apr 19, 1971

Citations

36 A.D.2d 844 (N.Y. App. Div. 1971)