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Curley v. Schenck Transportation Co.

65 A.D.2d 540 Court N.Y. App. Div. Decision date 1978-10-24 English

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p. 540
Thomas Curley et al., Appellants, v Schenck Transportation Co., Inc., et al., Respondents.

Judgment, Supreme Court, Bronx County, entered July 5, 1977, dismissing the complaint on the grant of defendants’ motion for a directed verdict, unanimously reversed, on the law, vacated, and the matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. In the trial of this action arising out of a motor vehicle accident, Trial Term, at the close of all the evidence, granted defendants’ motion to dismiss, finding that the plaintiff operator was guilty of contributory negligence as a matter of law. There was sufficient evidence, according to plaintiffs’ version of the accident, from which a jury could reasonably conclude that the plaintiff operator was free from contributory negligence. Concur — Kupferman, J. P., Evans, Lane, Sandler and Sullivan, JJ.