From Casetext: Smarter Legal Research

Sankin v. Ford Motor Company

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1971
36 A.D.2d 772 (N.Y. App. Div. 1971)

Opinion

March 29, 1971


In an action to recover damages for personal injuries and wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered December 8, 1969, in favor of defendants upon a directed verdict at the close of a trial of the issues of liability only, as modified by an order of said court dated May 14, 1970, reducing the taxed amount of the costs and disbursements of defendant Pace Motor Sales, Inc. Judgment, as modified, affirmed, without costs. In our view, the trial court's direction of a verdict in favor of defendants was proper, for "by no rational process could the trier of the facts base a finding in favor of the * * * [plaintiffs] upon the evidence here presented" ( Blum v. Fresh Grown Preserve Corp., 292 N.Y. 241, 245). In the light of all the evidence, plaintiff Faye Sankin's claim that she lost control of her automobile because a defective tie rod collar fractured as the vehicle came out of a sharp turn is incredible as a matter of law. Rabin P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

Sankin v. Ford Motor Company

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1971
36 A.D.2d 772 (N.Y. App. Div. 1971)
Case details for

Sankin v. Ford Motor Company

Case Details

Full title:FAYE SANKIN, Administratrix of the Estate of SAM SANKIN, Deceased, et al.…

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

Date published: Mar 29, 1971

Citations

36 A.D.2d 772 (N.Y. App. Div. 1971)

Citing Cases

Loughlin v. City of New York

Not only did the plaintiff fail to advise either his lieutenant, any of his fellow firefighters, or the…