Opinion
Argued April 12, 2001.
May 7, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Kings County (Mason, J.), entered June 5, 2000, as, upon a jury verdict finding the defendant Lawrence Campanella 100% at fault in the happening of the accident, failed to apportion liability against the defendant Laura Ferrara, and the defendant Lawrence Campanella cross-appeals from the same judgment.
Weiner Millo Morgan, LLC, New York, N.Y. (Stephanie Johnson, Jessica L. Teplitz, and Peter M. Agulnick of counsel), for respondent Laura Ferrara and defendant Robert Motisi (one brief filed).
Alan C. Glassman, Brooklyn, N.Y. (Thomas Torto of counsel), for appellant-respondent.
Before: ALTMAN, J.P., FRIEDMANN, GOLDSTEIN and COZIER, JJ.
ORDERED that the cross appeal is dismissed as abandoned; and it is further,
ORDERED that the judgment is affirmed insofar as appealed from; and it is further,
ORDERED that the defendant Laura Ferrara is awarded one bill of costs.
A reasonable view of the evidence supports the jury's determination that, although the defendant Laura Ferrara was negligent, her negligence was not a proximate cause of the accident (see, Gross v. Napoli, 216 A.D.2d 524). Consequently, the verdict was not against the weight of the evidence.