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McNierney v. Zara Contracting Co.

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 456 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Supreme Court, Nassau County (Velsor, J.).


Ordered that the judgment, as amended, is affirmed, with costs.

The plaintiff contends that the court should have directed a verdict in his favor at the conclusion of the evidence or, not having done so, should have set aside the verdict of the jury in favor of the defendants as contrary to the weight of the evidence. Although this accident occurred while the defendant driver was making a left-hand turn across a traffic lane, under the facts and circumstances of this case, the verdict in favor of the defendants was not against the weight of the evidence (see, Buemi v. Mariani, 41 A.D.2d 1002). Based on this record it cannot be said that the jury could not have concluded that the defendant driver was not negligent on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129).

The plaintiff's contention that the jury disregarded the court's instructions on the law is also without merit. Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

McNierney v. Zara Contracting Co.

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 456 (N.Y. App. Div. 1986)
Case details for

McNierney v. Zara Contracting Co.

Case Details

Full title:JOHN S. McNIERNEY, JR., Appellant, v. ZARA CONTRACTING COMPANY, INC., et…

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

Date published: Dec 15, 1986

Citations

125 A.D.2d 456 (N.Y. App. Div. 1986)

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