Legal Opinion

Gooch v. Shapiro

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

Decided February 24, 1959PublishedCited by 7 opinions

1Per curiam

No facts were elicited during the trial of this case which would support a finding of negligence as against either defendant. The car of defendant Holinko was traveling slowly south on the snow-covered Hutchinson Biver Parkway when it suddenly skidded. The driver took his foot off the gas pedal and tapped the brake lightly, but nevertheless the car went over the concrete divider and into the northbound lane, where it was struck by defendant Shapiro’s car. There was no evidence of any defective condition of Holinko’s car. *309“ The burden was on the plaintiffs to produce evidence of negligence; it…

2Cases cited2 opinions

  1. Lahr v. TirrillNew York Court of Appeals · 1937
  2. Meyer v. WhisnantNew York Court of Appeals · 1954

3Cited by7 opinions

  1. Gouchie v. GillAppellate Division of the Supreme Court of the State of New York · 1993
  2. Tenenbaum v. MartinAppellate Division of the Supreme Court of the State of New York · 1987
  3. Mangano v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  4. Khaitov v. MinevichAppellate Division of the Supreme Court of the State of New York · 2000
  5. Salazar v. OspinaAppellate Division of the Supreme Court of the State of New York · 1998

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