Oreficev. Benante

Appellate Division of the Supreme Court of New York

Oreficev. Benante

38 A.D.2d 755, 329 N.Y.S.2d 595, 1972 N.Y. App. Div. LEXIS 5489

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

DecidedJanuary 31, 1972

StatusPublished

This text of 38 A.D.2d 755 (Oreficev. Benante) 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

Oreficev. Benante, 38 A.D.2d 755, 329 N.Y.S.2d 595, 1972 N.Y. App. Div. LEXIS 5489 (N.Y. Ct. App. 1972).

Pincite

Opinion

In consolidated negligence actions to recover damages for personal injuries, defendant appeals from an interlocutory judgment of the Supreme Court, "Kings County, entered August 2, 1971 upon a jury verdict in favor of plaintiffs after a trial on the issue of liability only. Interlocutory judgment affirmed, with one bill of costs jointly to respondents Orefice and De Creseenzo against appellant. In our opinion, the jury could properly conclude, upon the proof adduced (and especially upon the testimony of plaintiff De Creseenzo and of Frances Benante and the photographs of the vehicles after the accident), that the Benante vehicle was “ weaving ” from the left lane into the middle lane of the expressway when it waso hit, in the rear of its right side, by the front of the left side of the Singer vehicle, which had been traveling in the middle lane and had accelerated just prior to impact. The force of the collision, coupled with the high speeds involved, propelled the Benante vehicle to the left and into the divider and the Singer vehicle-to the right, where it overturned. The “weaving” of the Benante vehicle constituted negligence upon this record and a proximate cause of the resulting accident. We have also examined appellant’s allegations of legal error and find them to be without merit. Hopkins, Acting F. J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.

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In consolidated negligence actions to recover damages for personal injuries, defendant appeals from an interlocutory judgment of the Supreme Court, "Kings County, entered August 2, 1971 upon a jury verdict in favor of plaintiffs after a trial on the issue of liability only. Interlocutory judgment affirmed, with one bill of costs jointly to respondents Orefice and De Creseenzo against appellant. In our opinion, the jury could properly conclude, upon the proof adduced (and especially upon the testimony of plaintiff De Creseenzo and of Frances Benante and the photographs of the vehicles after the accident), that the Benante vehicle was “ weaving ” from the left lane into the middle lane of the expressway when it waso hit, in the rear of its right side, by the front of the left side of the Singer vehicle, which had been traveling in the middle lane and had accelerated just prior to impact. The force of the collision, coupled with the high speeds involved, propelled the Benante vehicle to the left and into the divider and the Singer vehicle-to the right, where it overturned. The “weaving” of the Benante vehicle constituted negligence upon this record and a proximate cause of the resulting accident. We have also examined appellant’s allegations of legal error and find them to be without merit. Hopkins, Acting F. J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 755, 329 N.Y.S.2d 595, 1972 N.Y. App. Div. LEXIS 5489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oreficev-benante-nyappdiv-1972.