Berg v. Given

Appellate Division of the Supreme Court of New York

Berg v. Given

5 A.D.2d 844, 171 N.Y.S.2d 542, 1958 N.Y. App. Div. LEXIS 6940

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 1958

StatusPublished

This text of 5 A.D.2d 844 (Berg v. Given) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berg v. Given, 5 A.D.2d 844, 171 N.Y.S.2d 542, 1958 N.Y. App. Div. LEXIS 6940 (N.Y. Ct. App. 1958).

Pincite

Opinion

— In an action to recover damages to person and property and for medical expenses and loss of services, the appeal is from a judgment entered on a jury verdict for $5,000 for the personal injuries and $2,000 for the property damage and medical expense and loss of services. The injuries to person and property are alleged to have been received when a motor vehicle owned and operated by appellant struck the motor vehicle owned by respondent Cosimiro Contini, and operated by his wife, respondent Joan Contini. The evidence [845]*845indicates that appellant’s motor vehicle was struck in the rear by a third motor vehicle and was pushed into the rear of respondents’ vehicle, which had come to a stop. Judgment reversed on the law, with costs, and complaint dismissed. The findings of fact are affirmed. In our opinion there is no evidence in this record to support a finding of negligence on the part of appellant.

Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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— In an action to recover damages to person and property and for medical expenses and loss of services, the appeal is from a judgment entered on a jury verdict for $5,000 for the personal injuries and $2,000 for the property damage and medical expense and loss of services. The injuries to person and property are alleged to have been received when a motor vehicle owned and operated by appellant struck the motor vehicle owned by respondent Cosimiro Contini, and operated by his wife, respondent Joan Contini. The evidence [845]*845indicates that appellant’s motor vehicle was struck in the rear by a third motor vehicle and was pushed into the rear of respondents’ vehicle, which had come to a stop. Judgment reversed on the law, with costs, and complaint dismissed. The findings of fact are affirmed. In our opinion there is no evidence in this record to support a finding of negligence on the part of appellant.

Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

5 A.D.2d 844, 171 N.Y.S.2d 542, 1958 N.Y. App. Div. LEXIS 6940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berg-v-given-nyappdiv-1958.