Appellate Division of the Supreme Court of New York, 1985

Kaminski v. Prynn

Kaminski v. Prynn
Appellate Division of the Supreme Court of New York · Decided November 15, 1985
115 A.D.2d 251; 496 N.Y.S.2d 121; 1985 N.Y. App. Div. LEXIS 54505
Kaminski v. Prynn

Opinion of the Court

Judgment unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Plaintiff sus*252tained injuries when his vehicle was struck broadside by a defendant who failed to stop as required at a stop sign. Defendant pleaded guilty to violation of Vehicle and Traffic Law § 1142 (a) and concedes negligent conduct which was a proximate cause of the accident. In the ensuing action brought by plaintiff and following a jury trial, the jury awarded $4,000 in damages and found defendant to be 75% negligent. Upon our review of the record, we can find no evidence upon which the jury could have found plaintiff to be 25% negligent. The judgment is modified by deleting the sum of $3,000 and inserting in place thereof the sum of $4,000. (Appeal from judgment of Supreme Court, Erie County, NeMoyer, J.—negligence—automobile.) Present—Callahan, J. P., Denman, Boomer, Green and Pine, JJ.

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