Opinion
June 16, 1998
Appeal from the Supreme Court, Bronx County (George Friedman, J.).
In this case concerning an automobile accident at an intersection, we agree with the trial court that the jury's verdict finding that defendant, although negligent, did not cause the accident, was "irreconcilably inconsistent" ( Pimpinella v. McSwegan, 213 A.D.2d 232, 233). The evidence simply did not permit the jury to conclude both that defendant had been negligent and that his negligence was not a cause of the accident.
Concur — Sullivan, J. P., Rosenberger, Rubin, Williams and Mazzarelli, JJ.