Moore v. Levine

Appellate Division of the Supreme Court of New York

Moore v. Levine

20 A.D.2d 814, 248 N.Y.S.2d 831, 1964 N.Y. App. Div. LEXIS 4173

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

DecidedMarch 23, 1964

StatusPublished

This text of 20 A.D.2d 814 (Moore v. Levine) 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

Moore v. Levine, 20 A.D.2d 814, 248 N.Y.S.2d 831, 1964 N.Y. App. Div. LEXIS 4173 (N.Y. Ct. App. 1964).

Pincite

Opinion

In an action to recover damages for personal injuries allegedly sustained by the plaintiffs in a collision at an intersection between the truck in which they were riding and a station wagon owned by the corporate defendant and operated by the individual defendant, the defendants appeal, pursuant to section 457-a of the former Civil Practice Act, from so much of an order of the Supreme Court, Kings County, entered May 16, 1963, as, upon the granting of reargument, after the jury had failed to agree on a verdict, denied defendants’ motions, made at the trial, to dismiss the complaint, to direct a verdict, [815]*815and to dismiss the plaintiff Green’s complaint for lack of prosecution. Order modified so as to grant the defendants’ motions to dismiss the complaint on the merits. As so modified, order, insofar as appealed from, affirmed, with costs to defendants. In our opinion the plaintiffs failed to prove prima facie: (1) that the defendants were guilty of any negligence causing the accident; and (2) that plaintiff Moore, who was driving, was free from contributory negligence. The motion, made for the first time at the trial, to dismiss the complaint for lack of prosecution was properly denied, however. Kleinfeld, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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In an action to recover damages for personal injuries allegedly sustained by the plaintiffs in a collision at an intersection between the truck in which they were riding and a station wagon owned by the corporate defendant and operated by the individual defendant, the defendants appeal, pursuant to section 457-a of the former Civil Practice Act, from so much of an order of the Supreme Court, Kings County, entered May 16, 1963, as, upon the granting of reargument, after the jury had failed to agree on a verdict, denied defendants’ motions, made at the trial, to dismiss the complaint, to direct a verdict, [815]*815and to dismiss the plaintiff Green’s complaint for lack of prosecution. Order modified so as to grant the defendants’ motions to dismiss the complaint on the merits. As so modified, order, insofar as appealed from, affirmed, with costs to defendants. In our opinion the plaintiffs failed to prove prima facie: (1) that the defendants were guilty of any negligence causing the accident; and (2) that plaintiff Moore, who was driving, was free from contributory negligence. The motion, made for the first time at the trial, to dismiss the complaint for lack of prosecution was properly denied, however. Kleinfeld, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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Bluebook (online)

20 A.D.2d 814, 248 N.Y.S.2d 831, 1964 N.Y. App. Div. LEXIS 4173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-levine-nyappdiv-1964.