Sacco v. Bodwitch

Appellate Division of the Supreme Court of New York

Sacco v. Bodwitch

34 A.D.2d 885, 312 N.Y.S.2d 259, 1970 N.Y. App. Div. LEXIS 4778

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

DecidedMay 21, 1970

DocketAppeal No. 1

StatusPublished

This text of 34 A.D.2d 885 (Sacco v. Bodwitch) 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

Sacco v. Bodwitch, 34 A.D.2d 885, 312 N.Y.S.2d 259, 1970 N.Y. App. Div. LEXIS 4778 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment unanimously affirmed, with costs. Memorandum: The receipt of the opinions of two Deputy Sheriffs as to the point of collision between two automobiles based upon the position of the two automobiles after the accident and the location of the debris was error. They were not qualified as experts. Even if they had been, the conclusion was within the competence of the jurors. (Meiselman v. Crown Hgts. Hosp., 285 N. Y. 389, 396.) However, there being other uncontradicted proof which put the collision at the same place, the error was not prejudicial and does not require reversal. (CPLR 2002; Martin v. Marshall, 25 A D 2d 594.) (Appeal from judgment of Oswego Trial Term in automobile negligence action.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.

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Judgment unanimously affirmed, with costs. Memorandum: The receipt of the opinions of two Deputy Sheriffs as to the point of collision between two automobiles based upon the position of the two automobiles after the accident and the location of the debris was error. They were not qualified as experts. Even if they had been, the conclusion was within the competence of the jurors. (Meiselman v. Crown Hgts. Hosp., 285 N. Y. 389, 396.) However, there being other uncontradicted proof which put the collision at the same place, the error was not prejudicial and does not require reversal. (CPLR 2002; Martin v. Marshall, 25 A D 2d 594.) (Appeal from judgment of Oswego Trial Term in automobile negligence action.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.

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Bluebook (online)

34 A.D.2d 885, 312 N.Y.S.2d 259, 1970 N.Y. App. Div. LEXIS 4778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sacco-v-bodwitch-nyappdiv-1970.

Opinion

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