McGlory v. Cassone Leasing, Inc.

Appellate Division of the Supreme Court of New York

McGlory v. Cassone Leasing, Inc.

115 A.D.2d 713, 497 N.Y.S.2d 874, 1985 N.Y. App. Div. LEXIS 55156

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

DecidedDecember 30, 1985

StatusPublished

This text of 115 A.D.2d 713 (McGlory v. Cassone Leasing, Inc.) 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

McGlory v. Cassone Leasing, Inc., 115 A.D.2d 713, 497 N.Y.S.2d 874, 1985 N.Y. App. Div. LEXIS 55156 (N.Y. Ct. App. 1985).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mc-Ginity, J.), entered July 31, 1984, which, after a nonjury trial, was in favor of defendants.

Judgment affirmed, with costs.

[714]*714There is no proof in this record that the driver acted negligently when the tractor moved approximately 18 inches instead of one inch and in the absence of such proof we will not assume it is possible to move a distance of one inch and not 18.

We have considered plaintiff’s other contentions and find them to be without merit. Lazer, J. P., Thompson, O’Connor, Rubin and Kunzeman, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mc-Ginity, J.), entered July 31, 1984, which, after a nonjury trial, was in favor of defendants.

Judgment affirmed, with costs.

[714]*714There is no proof in this record that the driver acted negligently when the tractor moved approximately 18 inches instead of one inch and in the absence of such proof we will not assume it is possible to move a distance of one inch and not 18.

We have considered plaintiff’s other contentions and find them to be without merit. Lazer, J. P., Thompson, O’Connor, Rubin and Kunzeman, JJ., concur.

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Bluebook (online)

115 A.D.2d 713, 497 N.Y.S.2d 874, 1985 N.Y. App. Div. LEXIS 55156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcglory-v-cassone-leasing-inc-nyappdiv-1985.