Vaughn-Rees v. Connolly

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before STEUER; PER CURIAM
• Citation: Vaughn-Rees v. Connolly, 291 N.Y.S.2d 705, 30 A.D.2d 785 (N.Y. App. Div. 1968)
• Decision Date: 02 July 1968
• Docket Number: VAUGHN-REES and L
• Parties: Jennifer Annaura M. Vaughn-Rees, Plaintiffs-Respondents, v. John W. CONNOLLY, Jr., Defendant-Appellant.

Page 705

291 N.Y.S.2d 705

30 A.D.2d 785

Jennifer Ann VAUGHN-REES and Laura M. Vaughn-Rees Plaintiffs-Respondents, v. John W. CONNOLLY, Jr., Defendant-Appellant.

Supreme Court, Appellate Division, First Department.

July 2, 1968.

G. Berkowitz, New York City, for plaintiffs-respondents.

B. Meyerson, New York City, for defendant-appellant.

Before STEUER, J.P., and CAPOZZOLI, TILZER, RABIN and MACKEN, JJ.

PER CURIAM.

Order, entered December 29, 1967, unanimously reversed, on the law, and the verdict of the jury in favor of the defendant reinstated, with $50 costs and disbursements to the appellant; interlocutory judgment entered February 20, 1968 vacated. The jury was presented with factual disputes as to the infant plaintiff's knowledge of the seventeen year old defendant's lack of a license to drive an automobile, as to whether plaintiff assumed the risk of defendant's inexperience and as to whether it was the defendant's want of skill which was the proximate cause of the accident. The court recognized that the resolution of these issues was for the jury when it denied defendant's motions to dismiss, saying 'I believe it's a question of fact for the jury. I will leave it for them to determine negligence and contributory negligence.' Nevertheless, the triers of the facts having rendered a verdict for the defendant, the verdict was set aside as against the weight of the credible evidence and, despite the absence of a motion by the plaintiffs for a...