Feldman v. Downey

Appellate Division of the Supreme Court of New York

Feldman v. Downey

64 A.D.2d 731, 406 N.Y.S.2d 613, 1978 N.Y. App. Div. LEXIS 12564

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

DecidedJuly 6, 1978

StatusPublished

This text of 64 A.D.2d 731 (Feldman v. Downey) 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

Feldman v. Downey, 64 A.D.2d 731, 406 N.Y.S.2d 613, 1978 N.Y. App. Div. LEXIS 12564 (N.Y. Ct. App. 1978).

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Opinion

—Appeal from a judgment of the Supreme Court, entered April 20, 1977 in Schenectady County, upon a verdict rendered at a Trial Term in favor of plaintiffs. Dorothy S. Feldman sustained personal injuries in an automobile accident. The jury has awarded damages to her and to her husband. The sole issue raised by the defendant is that it was error for the court to charge, as requested by plaintiffs’ attorney, that the plaintiff, Dorothy S. Feldman, was free from contributory negligence in the happening of the accident. Examination of the record discloses such a charge was proper in this case. The accident occurred at a controlled intersection where plaintiff had the right of way and at a point actually [732]*732beyond the intersecting highway (see Hood v Murray, 25 AD2d 163). Judgment affirmed, with costs. Mahoney, P. J., Kane, Staley, Jr., Main and Larkin, JJ., concur.

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—Appeal from a judgment of the Supreme Court, entered April 20, 1977 in Schenectady County, upon a verdict rendered at a Trial Term in favor of plaintiffs. Dorothy S. Feldman sustained personal injuries in an automobile accident. The jury has awarded damages to her and to her husband. The sole issue raised by the defendant is that it was error for the court to charge, as requested by plaintiffs’ attorney, that the plaintiff, Dorothy S. Feldman, was free from contributory negligence in the happening of the accident. Examination of the record discloses such a charge was proper in this case. The accident occurred at a controlled intersection where plaintiff had the right of way and at a point actually [732]*732beyond the intersecting highway (see Hood v Murray, 25 AD2d 163). Judgment affirmed, with costs. Mahoney, P. J., Kane, Staley, Jr., Main and Larkin, JJ., concur.

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Bluebook (online)

64 A.D.2d 731, 406 N.Y.S.2d 613, 1978 N.Y. App. Div. LEXIS 12564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldman-v-downey-nyappdiv-1978.

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