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Iwanicki v. Muszynski

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 30, 1969
33 A.D.2d 654 (N.Y. App. Div. 1969)

Opinion

October 30, 1969

Appeal from the Erie Trial Term.

Present — Goldman, P.J., Del Vecchio, Gabrielli, Moule and Bastow, JJ.


Judgment unanimously reversed on the law and facts and new trial granted, with costs to abide the event. Memorandum: In this negligence action plaintiff's intestate, during his lifetime, was a passenger in a vehicle owned and operated by plaintiff which was in collision with a vehicle owned by one defendant and operated by the other. In its charge the court correctly instructed the jury that plaintiff might recover if the accident occurred through the concurring negligence of both operators — plaintiff and defendant husband. It concluded, however, with the statement that if the jury found that plaintiff operator of the car in which his intestate was a passenger was proximately negligent "you will find for the defendant even though you may determine that the defendant also was careless and negligent." This, of course, was an erroneous statement of the law which the court refused to correct when the error was brought to its attention by suitable exception and request to change. A new trial is mandated.


Summaries of

Iwanicki v. Muszynski

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 30, 1969
33 A.D.2d 654 (N.Y. App. Div. 1969)
Case details for

Iwanicki v. Muszynski

Case Details

Full title:MICHAEL IWANICKI, as Administrator of the Estate of MARIA IVALADOW…

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

Date published: Oct 30, 1969

Citations

33 A.D.2d 654 (N.Y. App. Div. 1969)

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