Daflos v. City of New York

Appellate Division of the Supreme Court of New York

Daflos v. City of New York

286 A.D. 824, 141 N.Y.S.2d 882, 1955 N.Y. App. Div. LEXIS 4213

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

DecidedJune 21, 1955

StatusPublished

This text of 286 A.D. 824 (Daflos v. City of New York) 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

Daflos v. City of New York, 286 A.D. 824, 141 N.Y.S.2d 882, 1955 N.Y. App. Div. LEXIS 4213 (N.Y. Ct. App. 1955).

Pincite

Opinion

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. In this negligence action against the City of New York, plaintiffs obtained judgment, after trial without a jury, on a finding that the city’s negligence in failing to properly maintain a roadway was [825]*825the cause of a collision between plaintiffs’ automobile and a bus. This finding on this record is clearly against the weight of the credible evidence. On the new trial, the following, among other evidentiary matters, may be explored: (1) whether the report made by plaintiff ear owner to his insurance company conforms with the report he made to the Motor Vehicle Bureau; (2) the circumstances in which, and on whose advice, he made the report to the Motor Vehicle Bureau, and (3) the testimony of the bus driver as to how and where the collision occurred. Of course, none or all of these items would be conclusive on any issue. Concur — Callahan, J. P., Breitel, Bastow, Botein and Rabin, JJ.

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Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. In this negligence action against the City of New York, plaintiffs obtained judgment, after trial without a jury, on a finding that the city’s negligence in failing to properly maintain a roadway was [825]*825the cause of a collision between plaintiffs’ automobile and a bus. This finding on this record is clearly against the weight of the credible evidence. On the new trial, the following, among other evidentiary matters, may be explored: (1) whether the report made by plaintiff ear owner to his insurance company conforms with the report he made to the Motor Vehicle Bureau; (2) the circumstances in which, and on whose advice, he made the report to the Motor Vehicle Bureau, and (3) the testimony of the bus driver as to how and where the collision occurred. Of course, none or all of these items would be conclusive on any issue. Concur — Callahan, J. P., Breitel, Bastow, Botein and Rabin, JJ.

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Bluebook (online)

286 A.D. 824, 141 N.Y.S.2d 882, 1955 N.Y. App. Div. LEXIS 4213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daflos-v-city-of-new-york-nyappdiv-1955.