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Hawkins v. Oster

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 790 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Negligence.

PRESENT: PINE, J. P., WISNER, HURLBUTT AND BALIO, JJ.


Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff appeals from a judgment entered upon a jury verdict of no cause of action. There is no merit to his contention that Supreme Court erred in instructing the jury concerning Vehicle and Traffic Law § 1111 (d) (4) and § 1151 (b). There was testimony that plaintiff ran into the crosswalk after the light turned green for vehicular traffic. The jury verdict is not contrary to the weight of the evidence. The jury's resolution of credibility issues in defendant's favor is supported by the record, and we reject plaintiff's contention that the jury could not have reached the verdict on any fair interpretation of the evidence ( see, Taylor-Gove v. St. Joseph's Hosp. Health Ctr., 242 A.D.2d 879, 880, lv denied 91 N.Y.2d 805; Kirkpatrick v. Timber Log Homes, 190 A.D.2d 1072).


Summaries of

Hawkins v. Oster

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 790 (N.Y. App. Div. 2000)
Case details for

Hawkins v. Oster

Case Details

Full title:CHARLIE S. HAWKINS, PLAINTIFF-APPELLANT, v. JOHN A. OSTER…

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

Date published: Feb 16, 2000

Citations

269 A.D.2d 790 (N.Y. App. Div. 2000)
703 N.Y.S.2d 778