McGlory v. Cassone Leasing, Inc.

Full title: LOUIS McGLORY, Appellant, v. CASSONE LEASING, INC., et al., Respondent…

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

Date published: Dec 30, 1985

115 A.D.2d 713 (N.Y. App. Div. 1985)

Opinion

December 30, 1985

Appeal from the Supreme Court, Nassau County (McGinity, J.).

Judgment affirmed, with costs.

There 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.