Majority
p. 579Laurel A. Lindner, Individually and as Administratrix of the Estate of Richard A. Lindner, Deceased, Appellant, v City of Buffalo et al., Defendants, and Mary L. Bradley et al., Respondents.
— Judgment unanimously affirmed without costs. Memorandum: The court properly charged the jury that any negligence of defendant Lester Bradley in causing the first accident could not be considered a proximate cause of decedent’s injuries sustained as a result of the second accident (see, Osowicki v Engert, 85 AD2d 778 , lv denied 55 NY2d 608 ; Stanton v Clegg, 278 App Div 486 ; Gralton v Oliver, 277 App Div 449 , affd 302 NY 864 ). Further, we conclude that the jury’s finding, that defendant Lester Bradley’s negligence in leaving the scene of the first accident was not a proximate
p. 580
cause of the second accident and of decedent’s injuries, was not against the weight of the evidence. (Appeal from Judgment of Supreme Court, Erie County, Ostrowski, J. — Negligence.) Present — Callahan, J. P., Denman, Boomer, Balio and Lowery, JJ.
Cases cited
- Osowicki v. Engert 85 AD2d 778 p. 579
- Gralton v. Oliver 302 NY 864 p. 579