Gobbelet v. Hit Cycle Corp.

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before LAZER
• Citation: Gobbelet v. Hit Cycle Corp., 504 N.Y.S.2d 55, 121 A.D.2d 682 (N.Y. App. Div. 1986)
• Decision Date: 30 June 1986
• Parties: Peter C. GOBBELET, Appellant, v. HIT CYCLE CORP., Respondent.

Page 55

504 N.Y.S.2d 55

121 A.D.2d 682

Peter C. GOBBELET, Appellant, v. HIT CYCLE CORP., Respondent.

Supreme Court, Appellate Division Second Department.

June 30, 1986.

Pirraglia, Rosenblatt & McGarrity, White Plains (Robert Rosenblatt of counsel, Marcia Jacobwitz on brief), for appellant.

Reardon & Sclafani, P.C., Bronxville (Vincent M. Sclafani of counsel), for respondent.

Before LAZER, J.P., and BRACKEN, KOOPER and SPATT, JJ.

MEMORANDUM BY THE COURT.

In a motorcyle negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Putnam County (Dickinson, J.), dated July 31, 1984, which, upon a jury verdict, is in favor of the defendant.

Judgment affirmed, with costs.

In this action arising out of a motorcycle accident, the plaintiff maintained that the defendant, a repair service shop, had replaced his rear tire with one too large for his motorcycle, causing the tire to lock. Finding no negligence on the part of the plaintiff, the trial court refused to charge the jury on comparative negligence. Since the plaintiff was not aggrieved by that determination and there was no evidence of negligence on the plaintiff's part, there is no ground for reversal based on his contentions in this regard (see, Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 517, 429...