Sarosy v. Scheina
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*494A reasonable view of the evidence supports the jury’s findings that, although defendant operated his vehicle negligently, the sole proximate cause of the accident was plaintiff’s failure to drive with her car lights on as she approached the intersection; such findings are not inconsistent (see, Gross v Napoli, 216 AD2d 524). There is no merit to plaintiffs’ claim that the court’s instruction that each party was under a duty "to have the automobile under reasonable control and to keep a proper lookout under the circumstances then existing, to see and be aware of what was in their view and to…
2Cases cited1 opinion
- Gross v. NapoliAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Covey v. SimontonDistrict Court, E.D. New York · 2007
- Schmidt v. Buffalo General HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Taveras v. K&D Equip. Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2024
- Taveras v. K&D Equip. Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2024