Faustin v. Aquatero

Full title: AVA FAUSTIN et al., Appellants, v. JOHN AQUATERO, Respondent

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

Date published: Feb 7, 1994

201 A.D.2d 453 (N.Y. App. Div. 1994)

607 N.Y.S.2d 125

Opinion

February 7, 1994

Appeal from the Supreme Court, Queens County (Lane, J.).

Ordered that the order is affirmed, with costs.

According to the defendant, a third vehicle hit his own vehicle, causing it to collide with the plaintiffs' vehicle. We find that the jury's verdict that the defendant failed to operate his vehicle in a safe and reasonable manner but that his negligence was not a proximate cause of the automobile accident was not inconsistent (PJI 2:72; see generally, Gralton v Oliver, 277 App. Div. 449, affd 302 N.Y. 864). We further find that the jury verdict was supported by a fair interpretation of the evidence (see generally, Nicastro v. Park, 113 A.D.2d 129). Thompson, J.P., Rosenblatt, Altman and Hart, JJ., concur.