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Curley v. Schenck Transportation Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 1978
65 A.D.2d 540 (N.Y. App. Div. 1978)

Opinion

October 24, 1978


Judgment, Supreme Court, Bronx County, entered July 5, 1977, dismissing the complaint on the grant of defendants' motion for a directed verdict, unanimously reversed, on the law, vacated, and the matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. In the trial of this action arising out of a motor vehicle accident, Trial Term, at the close of all the evidence, granted defendants' motion to dismiss, finding that the plaintiff operator was guilty of contributory negligence as a matter of law. There was sufficient evidence, according to plaintiffs' version of the accident, from which a jury could reasonably conclude that the plaintiff operator was free from contributory negligence.

Concur — Kupferman, J.P., Evans, Lane, Sandler and Sullivan, JJ.


Summaries of

Curley v. Schenck Transportation Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 1978
65 A.D.2d 540 (N.Y. App. Div. 1978)
Case details for

Curley v. Schenck Transportation Co., Inc.

Case Details

Full title:THOMAS CURLEY et al., Appellants, v. SCHENCK TRANSPORTATION CO., INC., et…

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

Date published: Oct 24, 1978

Citations

65 A.D.2d 540 (N.Y. App. Div. 1978)