Charyn v. Manzo

Appellate Division of the Supreme Court of New York

Charyn v. Manzo

25 A.D.2d 626, 268 N.Y.S.2d 973, 1966 N.Y. App. Div. LEXIS 4809

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

DecidedMarch 8, 1966

StatusPublished

This text of 25 A.D.2d 626 (Charyn v. Manzo) 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

Charyn v. Manzo, 25 A.D.2d 626, 268 N.Y.S.2d 973, 1966 N.Y. App. Div. LEXIS 4809 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment dismissing the complaint in an action for personal injuries at the close of the entire case before submission to the jury, unanimously reversed, on the law, and a new trial granted, with $50 costs to abide the event. Plaintiffs’ vehicle, a Police Department patrol car, was proceeding on Third Avenue near its intersection with 149th Street, Bronx County, in the center lane for northbound trafile. Said vehicle was struck on the right front side by defendant Manzo’s vehicle. Subsequently the action was settled and discontinued against Manzo. The patrol ear was propelled into the southbound roadway where it was struck by a southbound ear owned and operated by defendant Elliott. The record makes out a question of fact as to whether or not in the exercise of reasonable care defendant Elliott could have avoided contact with the patrol ear. Consequently the dismissal was error.

Concur — Botein, P. J., McNally, Stevens, Steuer and Staley, JJ.

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Judgment dismissing the complaint in an action for personal injuries at the close of the entire case before submission to the jury, unanimously reversed, on the law, and a new trial granted, with $50 costs to abide the event. Plaintiffs’ vehicle, a Police Department patrol car, was proceeding on Third Avenue near its intersection with 149th Street, Bronx County, in the center lane for northbound trafile. Said vehicle was struck on the right front side by defendant Manzo’s vehicle. Subsequently the action was settled and discontinued against Manzo. The patrol ear was propelled into the southbound roadway where it was struck by a southbound ear owned and operated by defendant Elliott. The record makes out a question of fact as to whether or not in the exercise of reasonable care defendant Elliott could have avoided contact with the patrol ear. Consequently the dismissal was error.

Concur — Botein, P. J., McNally, Stevens, Steuer and Staley, JJ.

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Bluebook (online)

25 A.D.2d 626, 268 N.Y.S.2d 973, 1966 N.Y. App. Div. LEXIS 4809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charyn-v-manzo-nyappdiv-1966.