Coury v. Safe Auto Sales, Inc.

• Decision Date: 23 November 1970
• Citation: 35 A.D.2d 829,316 N.Y.S.2d 860
• Parties: Alexander COURY et al., Respondents, v. SAFE AUTO SALES, INC., et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 860

316 N.Y.S.2d 860

35 A.D.2d 829

Alexander COURY et al., Respondents, v.SAFE AUTO SALES, INC., et al., Appellants.

Supreme Court, Appellate Division, Second Department.

Nov. 23, 1970.

Fuchsberg & Fuchsberg, New York City, for plaintiffs-respondents; Edwin N. Weidman, Irving Lemov, New York City, of counsel.

Hampton, Dietel & Heneghan, New York City, for defendant-appellant, Safe Auto Sales, Inc.; Howard J. McGratty, Brooklyn, Attorney for defendant-appellant, Abraham Zager, Administrator of the Estate of Paul Zager, Deceased; William F. McNulty, New York City, of counsel.

Before CHRIST, P.J. and RABIN, HOPKINS, MUNDER and MARTUSCELLO, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, etc., defendants appeal from a judgment of the Supreme Court, Kings County, entered March 20, 1970, in favor of plaintiffs upon a jury verdict (the trial court directed a verdict as to the issues of liability in favor of plaintiffs).

Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event.The questions of fact have not been considered.

The testimony of only one witness is contained in the record on appeal.His testimony that the vehicle in which the injured plaintiff was a passenger-guest went into a skid back and forth, crossed over onto the wrong side of the road and collided with a pickup truck going in the opposite direction was not per se sufficient to...