Ventricelli v. Kinney System Rent A Car, Inc.
| Decision Date | 17 November 1977 |
| Citation | 59 A.D.2d 869,399 N.Y.S.2d 237 |
| Parties | Joseph VENTRICELLI, Plaintiff-Respondent, v. KINNEY SYSTEM RENT A CAR, INC., et al., Defendants-Appellants, and Antonio Maldonado, Defendant-Respondent. KINNEY SYSTEM RENT A CAR, INC., et al., Third-Party Plaintiffs-Appellants, v. AMERICAN MOTORS CORP. et al., Third-Party Defendants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
J. Kelner, New York City, for plaintiff-respondent.
W. F. McNulty, New York City, for defendants-appellants and third-party plaintiffs-appellants.
J. J. Moore, New York City, for defendant-respondent.
J. D. Ahearn, New York City, for third-party defendants-respondents.
Before KUPFERMAN, J. P., and BIRNS, CAPOZZOLI and LANE, JJ.
Amended judgment, Supreme Court, New York County, entered July 9, 1976, after a jury trial, in the sum of $550,000 against the defendants-appellants Kinney System Rent A Car, Inc., et al. and the defendant Maldonado, and which was apportioned by the jury 80% to defendants-appellants Kinney, et al. and 20% to Maldonado, unanimously modified on the law to reverse and dismiss the complaint as against the Kinney defendants, so that plaintiff's recovery of judgment for $550,000 plus costs and disbursements is limited to defendant Maldonado, and to delete the third and fourth decretal paragraphs that provided for cross-contribution between the Kinney defendants and Maldonado, and otherwise affirmed without costs and without disbursements.
Plaintiff rented an automobile from the defendant-appellant Kinney. There was trouble with the trunk lid, and despite return to the lessor for repair, the trunk lid did not close satisfactorily. As a result, the car was parked on Mott Street and the plaintiff and a passenger were attempting to slam the trunk lid shut, when the defendant Maldonado's car, parked several car-lengths behind them, jumped ahead severely injuring the plaintiff.
Under Dole v. Dow Chem. Co., 30 N.Y.2d 143, 331 N.Y.S.2d 382, 282 N.E.2d 288, the jury apportioned fault 80% to Kinney and 20% to Maldonado. Maldonado does not appeal.
On this appeal, the only issue we deem of significance is that of proximate cause. As was said in Sheehan v. City of New York, 40 N.Y.2d 496, 387 N.Y.S.2d 92, 354 N.E.2d 832:
...
To continue reading
Request your trial
-
In re September 11 Litigation, 21 MC 101(AKH).
...damages. See Johnson v. Johnson Chem., 183 A.D.2d 64, 588 N.Y.S.2d 607, 612-13 (App.Div. 1992); Ventricelli v. Kinney System Rent a Car, Inc., 59 A.D.2d 869, 399 N.Y.S.2d 237, 238 (App.Div.1977). In Ventricelli, plaintiff rented from defendant a car that had a defective trunk latch. 399 N.Y......
-
Johnson v. Johnson Chemical Co., Inc.
...780, 440 N.Y.S.2d 654, aff'd, 55 N.Y.2d 966, 449 N.Y.S.2d 195, 434 N.E.2d 264; Martinez v. Lazaroff, supra; Ventricelli v. Kinney Sys. Rent a Car, 59 A.D.2d 869, 399 N.Y.S.2d 237, aff'd, 45 N.Y.2d 950, 411 N.Y.S.2d 555, 383 N.E.2d 1149, mod. on other grounds, 46 N.Y.2d 770, 413 N.Y.S.2d 655......
-
Falcone v. City of New York
...449 N.Y.S.2d 195, 434 N.E.2d 264; Martinez v. Lazaroff, 48 N.Y.2d 819, 424 N.Y.S.2d 126, 399 N.E.2d 1148; Ventricelli v. Kinney System Rent A Car, 59 A.D.2d 869, 399 N.Y.S.2d 237, affd. 45 N.Y.2d 950, 411 N.Y.S.2d 555, 383 N.E.2d 1149, mod on other grounds 46 N.Y.2d 770, 413 N.Y.S.2d 655, 3......
-
Navarez v. New York City Housing Authority
...449 N.Y.S.2d 195, 434 N.E.2d 264; Martinez v. Lazaroff, 48 N.Y.2d 819, 424 N.Y.S.2d 126, 399 N.E.2d 1148; Ventricelli v. Kinney Car System Rent A Car, 59 A.D.2d 869, 399 N.Y.S.2d 237, affd. 45 N.Y.2d 950, 411 N.Y.S.2d 555, 383 N.E.2d 1149, mod. on other grounds 46 N.Y.2d 770, 413 N.Y.S.2d 6......