Klein v. Klein

Appellate Division of the Supreme Court of New York

Klein v. Klein

101 A.D.2d 828, 475 N.Y.S.2d 148, 1984 N.Y. App. Div. LEXIS 18492

Appellate Division of the Supreme Court of the State of New York·Decided May 14, 1984·Published·Cited by 4 cases

Opinion

In a negligence action, plaintiff appeals from a judgment of the Supreme Court, Kings County (Kirsch, J.), dated November 28,1983, which was in favor of the defendant, upon a jury verdict. If Judgment affirmed, with costs. 11 The proof that the car defendant was driving skidded, causing it to deviate from its course of travel, made out a prima facie case and put the burden upon the defendant of coming forward with an explanation. However, the defendant having come forward, the factual evaluation of the evidence as a whole was for the jury (Pfaffenbach v White Plains Express Corp., 17 NY2d 132). Titone, J. P., Gibbons, Brown and Lawrence, JJ., concur.

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In a negligence action, plaintiff appeals from a judgment of the Supreme Court, Kings County (Kirsch, J.), dated November 28,1983, which was in favor of the defendant, upon a jury verdict. If Judgment affirmed, with costs. 11 The proof that the car defendant was driving skidded, causing it to deviate from its course of travel, made out a prima facie case and put the burden upon the defendant of coming forward with an explanation. However, the defendant having come forward, the factual evaluation of the evidence as a whole was for the jury (Pfaffenbach v White Plains Express Corp., 17 NY2d 132). Titone, J. P., Gibbons, Brown and Lawrence, JJ., concur.

Klein v. Klein, 101 A.D.2d 828, 475 N.Y.S.2d 148, 1984 N.Y. App. Div. LEXIS 18492 (N.Y. Ct. App. 1984).

Pincite

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Opinion

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