Gambino v. City of New York
| Decision Date | 13 June 1994 |
| Citation | 205 A.D.2d 583,613 N.Y.S.2d 417 |
| Parties | Angelo GAMBINO, et al., Respondents, v. CITY OF NEW YORK, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Paul A. Crotty, Corp. Counsel, New York City (Stephen J. McGrath and Anthony M. Dillof, of counsel), for appellants.
Zimmerman & Zimmerman, New York City (Morris Cizner, of counsel), for respondents.
Before SULLIVAN, J.P., and BALLETTA, JOY and FRIEDMANN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (G. Aronin, J.), dated May 11, 1992, which upon granting the plaintiffs' motion pursuant to CPLR 4404 to set aside a jury verdict in favor of the defendants on the issue of liability as against the weight of the evidence, and granted the plaintiffs a new trial.
ORDERED that the order is affirmed, with costs.
In the late afternoon of May 29, 1986, the defendant Edward Robbins was driving a New York City Department of Sanitation truck on Cropsey Avenue in Brooklyn. Robbins made a left turn onto the left lane of Bay Parkway. Robbins began to move the truck into the right lane, but when he was halfway into the right lane he spotted a car parallel to the cab of his truck. Robbins turned the wheel of the truck to the left to avoid this car, and rear-ended the vehicle of the plaintiff Angelo Gambino, who was stopped at a red light.
It is well settled that a rear-end collision into an automobile stopped for a red light creates a prima facie case of liability with respect to the operator of the moving vehicle and imposes a duty of explanation on the...
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