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Breckir v. Pleibel

Document Cited in 39 Precedent Map Related
Decision Date15 April 1965
Citation207 N.E.2d 865,15 N.Y.2d 1027,260 N.Y.S.2d 178
Parties, 207 N.E.2d 865 Eleanor BRECKIR, as Administratrix, etc., Appellant, v. Albert PLEIBEL et al., Respondents, and Bradley Lewis, Defendant.
CourtNew York Court of Appeals Court of Appeals

Page 178

260 N.Y.S.2d 178

15 N.Y.2d 1027, 207 N.E.2d 865

Eleanor BRECKIR, as Administratrix, etc., Appellant, v. Albert PLEIBEL et al., Respondents, and Bradley Lewis, Defendant.

Court of Appeals of New York.

April 15, 1965.

Appeal from Supreme Court, Appellate Division, Third Department, 21 A.D.2d 546, 251 N.Y.S.2d 77.

Administratrix of deceased passenger in first automobile brought action against owner of first automobile and driver and driver of second automobile for death of passenger as result of collision and for conscious pain and suffering

The Supreme Court, Special and Trial Term, New York County, Jacob Markowitz, J., entered a judgment against the driver of the first automobile and the owner, and they appealed.

The Appellate Division reversed the judgment insofar as it was against the owner of the first automobile and the driver dismissed the complaint as to them, severed the action as to them, and reversed, on the law and the facts and in the exercise of discretion, the order of the Special and Trial Term ordering a new trial as against them on single issue of damages on cause of action for conscious pain and suffering.

The administratrix of the passenger appealed to the Court of Appeals, contending that from the evidence there was a jury question as...

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21 cases
  • Colaio v. Feinberg
    • United States
    • U.S. District Court — Southern District of New York
    • May 8, 2003
    ...parents' "comfortable circumstances," since daughter may not have contributed to her parents after marriage), aff'd, 15 N.Y.2d 1027, 260 N.Y.S.2d 178, 207 N.E.2d 865 (1965). Given the inherently speculative nature of predicting both future income and economic loss for victims whose incomes ......
  • Caban v. Vega
    • United States
    • New York Supreme Court — Appellate Division
    • April 2, 1996
    ...New York, 191 A.D.2d 677, 595 N.Y.S.2d 560; Breckir v. Lewis, 21 A.D.2d 546, 251 N.Y.S.2d 77, affd. sub nom. Breckir v. Pleibel, 15 N.Y.2d 1027, 260 N.Y.S.2d 178, 207 N.E.2d 865). Plaintiff has claimed that Clarke's negligence arose out of his alleged failure to notice either the Caban or V......
  • Wright v. Morozinis
    • United States
    • New York Supreme Court — Appellate Division
    • October 10, 1995
    ...(see, Gouchie v. Gill, 198 A.D.2d 862, 605 N.Y.S.2d 709; Breckir v. Lewis, 21 A.D.2d 546, 549, 251 N.Y.S.2d 77, affd., 15 N.Y.2d 1027, 260 N.Y.S.2d 178, 207 N.E.2d 865). Whether Riddell's response was appropriate or not, a driver faced with a vehicle careening across the highway directly in......
  • Palmer v. Palmer
    • United States
    • New York Supreme Court — Appellate Division
    • February 20, 1969
    ...negligent (Meyer v. Whisnant, 307 N.Y. 369, 121 N.E.2d 372).' (Breckir v. Lewis, 21 A.D.2d 546, 251 N.Y.S.2d 77; affd. 15 N.Y.2d 1027, 260 N.Y.S.2d 178, 207 N.E.2d 865.) Under the circumstances it must be concluded that defendant Palmer's actions were not the proximate cause of the Judgment......
    • Request a trial to view additional results

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