Koepke v. Gurtler

Appellate Division of the Supreme Court of New York

Koepke v. Gurtler

46 A.D.2d 772, 362 N.Y.S.2d 408, 1974 N.Y. App. Div. LEXIS 3710

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

DecidedNovember 4, 1974

StatusPublished

This text of 46 A.D.2d 772 (Koepke v. Gurtler) 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

Koepke v. Gurtler, 46 A.D.2d 772, 362 N.Y.S.2d 408, 1974 N.Y. App. Div. LEXIS 3710 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered July 10, 1972, in favor of defendants, upon a jury verdict. Judgment affirmed, without costs. No opinion. Christ, Brennan and Benjamin, JJ., concur; Shapiro, Acting P. J. and Cohalan, J., dissent and vote to reverse and grant a new trial, with the following memorandum: Plaintiffs’ causes have their genesis in a three-car collision. Plaintiffs, the driver and passengers of the lead vehicle, claim that they were “creeping along” at six or seven miles an hour when they were struck in the rear by the vehicle driven by defendant Gurtler. Gurtler disputes this version and claims that both he and plaintiffs were at a standstill when his vehicle was struck in the rear by defendant Troy’s vehicle, which propelled him into plaintiffs. Troy’s testimony is in substantial agreement with Gurtler’s, his contention being that when Gurtler stopped suddenly, he was following too closely to avoid the impact. As we read the record, the jury verdict is against the weight of the evidence and the facts warrant a new trial.

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

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered July 10, 1972, in favor of defendants, upon a jury verdict. Judgment affirmed, without costs. No opinion. Christ, Brennan and Benjamin, JJ., concur; Shapiro, Acting P. J. and Cohalan, J., dissent and vote to reverse and grant a new trial, with the following memorandum: Plaintiffs’ causes have their genesis in a three-car collision. Plaintiffs, the driver and passengers of the lead vehicle, claim that they were “creeping along” at six or seven miles an hour when they were struck in the rear by the vehicle driven by defendant Gurtler. Gurtler disputes this version and claims that both he and plaintiffs were at a standstill when his vehicle was struck in the rear by defendant Troy’s vehicle, which propelled him into plaintiffs. Troy’s testimony is in substantial agreement with Gurtler’s, his contention being that when Gurtler stopped suddenly, he was following too closely to avoid the impact. As we read the record, the jury verdict is against the weight of the evidence and the facts warrant a new trial.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.2d 772, 362 N.Y.S.2d 408, 1974 N.Y. App. Div. LEXIS 3710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koepke-v-gurtler-nyappdiv-1974.