Buono v. Smith

Full title: NICHOLAS BUONO, Appellant, v. GILBERT SMITH, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 16, 1953

281 App. Div. 892 (N.Y. App. Div. 1953)

Opinion

March 16, 1953.

Present — Adel, Acting P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ.

In an action to recover damages for injuries to person and property suffered when plaintiff's automobile ran into the rear of defendant's truck, which was stalled on the highway, the complaint was dismissed at the close of plaintiff's case. Judgment unanimously affirmed, with costs. The evidence required direction of a verdict in favor of defendant. ( Axelrod v. Krupinski, 303 N.Y. 738.)