Appellate Division of the Supreme Court of New York, 1958

Berg v. Given

Berg v. Given
Appellate Division of the Supreme Court of New York · Decided February 17, 1958 · Beldock, Murphy, Nolan, Ughetta, Wenzel
5 A.D.2d 844; 171 N.Y.S.2d 542; 1958 N.Y. App. Div. LEXIS 6940
Berg v. Given

Opinion of the Court

— In an action to recover damages to person and property and for medical expenses and loss of services, the appeal is from a judgment entered on a jury verdict for $5,000 for the personal injuries and $2,000 for the property damage and medical expense and loss of services. The injuries to person and property are alleged to have been received when a motor vehicle owned and operated by appellant struck the motor vehicle owned by respondent Cosimiro Contini, and operated by his wife, respondent Joan Contini. The evidence *845indicates that appellant’s motor vehicle was struck in the rear by a third motor vehicle and was pushed into the rear of respondents’ vehicle, which had come to a stop. Judgment reversed on the law, with costs, and complaint dismissed. The findings of fact are affirmed. In our opinion there is no evidence in this record to support a finding of negligence on the part of appellant.

Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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