LASKY v. CITY OF NEW YORK (1997)

Supreme Court, Appellate Division, First Department, New York.

Eda R. LASKY, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents.

Decided: January 07, 1997

Before ELLERIN, J.P., and WALLACH, WILLIAMS, TOM and ANDRIAS, JJ.

Stephen G. Winn, for Plaintiff-Appellant. Timothy J. O'Shaughnessy, for Defendants-Respondents.

Judgment, Supreme Court, New York County (Jerome Gorski, J., and a jury), entered August 1, 1995, in favor of defendants, unanimously affirmed, without costs.

Plaintiff was not prejudiced by any error in charging Vehicle and Traffic Law § 1121 instead of § 1120, as the former adequately conveyed what plaintiff wanted the jury to infer from the latter, namely, negligence based on defendant's failure to keep far enough to the right as plaintiff's vehicle approached in the opposite direction. The court properly refused to charge that defendant's negligence could be inferred merely from the fact that its truck skidded before colliding with plaintiff's car (see, Noia v. DeRosa, 78 A.D.2d 789, 433 N.Y.S.2d 16, affd. 54 N.Y.2d 631, 442 N.Y.S.2d 504, 425 N.E.2d 893). The court also properly instructed, in response to jury questions, that the right of way was immaterial in this case. We have considered plaintiff's other contentions and find them to be without merit.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network