DeMarco v. DeAnglis

Appellate Division of the Supreme Court of New York

DeMarco v. DeAnglis

283 A.D.2d 388, 723 N.Y.S.2d 863, 2001 N.Y. App. Div. LEXIS 4690

Appellate Division of the Supreme Court of the State of New York·Decided May 7, 2001·Published

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Kings County (Mason, J.), entered June 5, 2000, as, upon a jury verdict finding the defendant Lawrence Campanella 100% at fault in the happening of the accident, failed to apportion liability against the defendant Laura Ferrara, and the defendant Lawrence Campanella cross-appeals from the same judgment.

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the defendant Laura Ferrara is awarded one bill of costs.

A reasonable view of the evidence supports the jury’s determination that, although the defendant Laura Ferrara was negligent, her negligence was not a proximate cause of the accident (see, Gross v Napoli, 216 AD2d 524). Consequently, the verdict was not against the weight of the evidence. Altman, J. P., Friedmann, Goldstein and Cozier, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Kings County (Mason, J.), entered June 5, 2000, as, upon a jury verdict finding the defendant Lawrence Campanella 100% at fault in the happening of the accident, failed to apportion liability against the defendant Laura Ferrara, and the defendant Lawrence Campanella cross-appeals from the same judgment.

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the defendant Laura Ferrara is awarded one bill of costs.

A reasonable view of the evidence supports the jury’s determination that, although the defendant Laura Ferrara was negligent, her negligence was not a proximate cause of the accident (see, Gross v Napoli, 216 AD2d 524). Consequently, the verdict was not against the weight of the evidence. Altman, J. P., Friedmann, Goldstein and Cozier, JJ., concur.

DeMarco v. DeAnglis, 283 A.D.2d 388, 723 N.Y.S.2d 863, 2001 N.Y. App. Div. LEXIS 4690 (N.Y. Ct. App. 2001).

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283 A.D.2d 388 (DeMarco v. DeAnglis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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