Baker v. Hlavachek

In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Nassau County, entered April 3, 1975, in favor of plaintiff, upon a jury verdict. Judgment affirmed, with costs. Upon our review of the record, and in light of the rule set forth in Pfaffenbach v White Plains Express Corp. (17 NY2d 132), we conclude that this case was properly submitted to the jury and that the evidence supported a finding of negligence on the part of the defendant driver. At the trial and on the authority of Spier v Barker (35 NY2d 444), defendants were…