Gantz v. Brown

Appellate Division of the Supreme Court of New York

Gantz v. Brown

237 A.D.2d 562, 655 N.Y.S.2d 985, 1997 N.Y. App. Div. LEXIS 3035

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

DecidedMarch 31, 1997

StatusPublished

This text of 237 A.D.2d 562 (Gantz v. Brown) 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

Gantz v. Brown, 237 A.D.2d 562, 655 N.Y.S.2d 985, 1997 N.Y. App. Div. LEXIS 3035 (N.Y. Ct. App. 1997).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Posner, J.), dated February 22, 1996, which denied their motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant Richard Brown as against the weight of the credible evidence.

Ordered that the order is affirmed, with costs.

The jury’s determination that the defendant Richard Brown was not negligent in causing the automobile accident was supported by a " ' " 'fair interpretation of the evidence’ ” ’ ” (see, Lolik v Big V Supermarket, 86 NY2d 744; Nicastro v Park, 113 AD2d 129, 134). Although one may be found negligent for failing to observe an approaching vehicle which is in plain sight, Brown claimed that he did not see the plaintiffs’ car until the time of impact because foliage was obstructing his view and the plaintiffs’ car darted out in front of him.(see, Weigand v United Traction Co., 221 NY 39; Tannenbaum v Mandell, 51 AD2d 593). Accordingly, the trial court properly denied the plaintiffs’ motion to set aside the verdict. Rosenblatt, J. P., Thompson, Altman and Luciano, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Posner, J.), dated February 22, 1996, which denied their motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant Richard Brown as against the weight of the credible evidence.

Ordered that the order is affirmed, with costs.

The jury’s determination that the defendant Richard Brown was not negligent in causing the automobile accident was supported by a " ' " 'fair interpretation of the evidence’ ” ’ ” (see, Lolik v Big V Supermarket, 86 NY2d 744; Nicastro v Park, 113 AD2d 129, 134). Although one may be found negligent for failing to observe an approaching vehicle which is in plain sight, Brown claimed that he did not see the plaintiffs’ car until the time of impact because foliage was obstructing his view and the plaintiffs’ car darted out in front of him.(see, Weigand v United Traction Co., 221 NY 39; Tannenbaum v Mandell, 51 AD2d 593). Accordingly, the trial court properly denied the plaintiffs’ motion to set aside the verdict. Rosenblatt, J. P., Thompson, Altman and Luciano, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

237 A.D.2d 562, 655 N.Y.S.2d 985, 1997 N.Y. App. Div. LEXIS 3035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gantz-v-brown-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack