Legal Opinion

Franco v. Zingarelli

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 1980PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Lupiano, J.

This appeal is from a judgment entered after a jury returned a verdict in favor of defendants in a personal injury action governed by New York’s comparative negligence rule.1 The circumstances of the accident as gleaned from the testimony may be set forth as follows:

On February 28, 1976, at about noon, decedent Francisca Franco, a 65-year-old woman, was crossing at the intersection of Tremont Avenue with Park Avenue, in The Bronx, when she was struck by a Volkswagen automobile operated by defendant Dennis L. Zingarelli and owned by defendant Christine M. Lesnak,…

2Cases cited4 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Baker v. . CloseNew York Court of Appeals · 1912
  3. Hogeboom v. ProttsAppellate Division of the Supreme Court of the State of New York · 1968
  4. Dann v. MartinAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by19 opinions

  1. Coalition Against Lincoln West, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
  2. Weber v. BernardSouth Dakota Supreme Court · 1984
  3. Kane v. United StatesDistrict Court, S.D. New York · 2002
  4. Mikula v. DulibaAppellate Division of the Supreme Court of the State of New York · 1983
  5. Graham v. MurphyAppellate Division of the Supreme Court of the State of New York · 1988

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