AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JOHN S. McNIERNEY, JR., Appellant, v. ZARA CONTRACTING COMPANY, INC., et al., Respondents.

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.

Use AI to get other relevant cases.

Comments

McNIERNEY v. ZARA CONTRACTING COMPANY, INC
(Dec 15, 1986)