DeMarco v. DeAnglis

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 7, 2001
• Status: 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.