Combader v. Eberhardt's Bus Service, Inc.
| Decision Date | 31 December 1975 |
| Citation | 377 N.Y.S.2d 955,50 A.D.2d 919 |
| Parties | Nicholas G. COMBADER, Respondent, v. EBERHARDT'S BUS SERVICE, INC., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Evans, Orr, Pacelli, Norton & Laffan, P.C., New York City (Edward J. Pacelli and Walter G. Evans, New York City, of counsel), for appellants.
Robert Goldstein, New York City, for respondent.
Before RABIN, Acting P.J., and LATHAM, COHALAN, BRENNAN and MUNDER, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal and property injuries, defendants appeal from an interlocutory judgment of the Supreme Court, Suffolk County, dated July 7, 1975, in favor of plaintiff on the issue of liability, upon a jury verdict, at a trial limited to that issue.
Interlocutory judgment affirmed, with costs.
In this action arising from a rear-end collision, the failure of the trial court to marshal the evidence or relate the contentions of the parties to the legal principles charged to the jury did not constitute reversible error. The case was a simple one, the summations just prior to the charge dealt with the respective factual contentions in detail, and it appears that appellants could not have prevailed under any view of the facts (see Leon v. Rybar Realty Corp., 5 A.D.2d 871, 171 N.Y.S.2d 532).
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Schumann v. Matturro
...summations immediately prior to the charge, the judgment will not be reversed unless it is clearly unjust (cf. Combader v. Eberhardts' Bus Serv., 50 A.D.2d 919, 377 N.Y.S.2d 955; Tenczar v. Milligan, 47 A.D.2d 773, 365 N.Y.S.2d 272, mot. for lv. to app. den. 36 N.Y.2d 645, 371 N.Y.S.2d 1027......