Egan v. Pensek Truck Leasing Co.

Full title: WILLIAM J. EGAN, JR., Plaintiff, and WILLIAM J. EGAN, III, an Infant, by…

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

Date published: Jun 11, 1996

228 A.D.2d 230 (N.Y. App. Div. 1996)

643 N.Y.S.2d 996

Opinion

June 11, 1996

Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).

The alleged inconsistencies in plaintiffs' versions of the accident, in which the issue was whether the son was in the "zone of danger" ( Bovsun v. Sanperi, 61 N.Y.2d 219) when he allegedly saw his father struck by defendants' vehicle, present issues for the trier of fact ( Silva v. 81st St. Ave. A Corp., 169 A.D.2d 402, 404, lv denied 77 N.Y.2d 810; Faber v. New York City Hous. Auth., 202 A.D.2d 269). We have considered plaintiffs' argument for affirmative relief and find it to be without merit.

Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Nardelli, JJ.