Lindner v. City of Buffalo

Appellate Division of the Supreme Court of New York

Lindner v. City of Buffalo

175 A.D.2d 579, 573 N.Y.S.2d 929, 1991 N.Y. App. Div. LEXIS 10081

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

DecidedJuly 12, 1991

StatusPublished

This text of 175 A.D.2d 579 (Lindner v. City of Buffalo) 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

Lindner v. City of Buffalo, 175 A.D.2d 579, 573 N.Y.S.2d 929, 1991 N.Y. App. Div. LEXIS 10081 (N.Y. Ct. App. 1991).

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Opinion

— Judgment unanimously affirmed without costs. Memorandum: The court properly charged the jury that any negligence of defendant Lester Bradley in causing the first accident could not be considered a proximate cause of decedent’s injuries sustained as a result of the second accident (see, Osowicki v Engert, 85 AD2d 778, lv denied 55 NY2d 608; Stanton v Clegg, 278 App Div 486; Gralton v Oliver, 277 App Div 449, affd 302 NY 864). Further, we conclude that the jury’s finding, that defendant Lester Bradley’s negligence in leaving the scene of the first accident was not a proximate [580]*580cause of the second accident and of decedent’s injuries, was not against the weight of the evidence. (Appeal from Judgment of Supreme Court, Erie County, Ostrowski, J. — Negligence.) Present — Callahan, J. P., Denman, Boomer, Balio and Lowery, JJ.

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— Judgment unanimously affirmed without costs. Memorandum: The court properly charged the jury that any negligence of defendant Lester Bradley in causing the first accident could not be considered a proximate cause of decedent’s injuries sustained as a result of the second accident (see, Osowicki v Engert, 85 AD2d 778, lv denied 55 NY2d 608; Stanton v Clegg, 278 App Div 486; Gralton v Oliver, 277 App Div 449, affd 302 NY 864). Further, we conclude that the jury’s finding, that defendant Lester Bradley’s negligence in leaving the scene of the first accident was not a proximate [580]*580cause of the second accident and of decedent’s injuries, was not against the weight of the evidence. (Appeal from Judgment of Supreme Court, Erie County, Ostrowski, J. — Negligence.) Present — Callahan, J. P., Denman, Boomer, Balio and Lowery, JJ.

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Bluebook (online)

175 A.D.2d 579, 573 N.Y.S.2d 929, 1991 N.Y. App. Div. LEXIS 10081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindner-v-city-of-buffalo-nyappdiv-1991.

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