Appellate Division of the Supreme Court of New York, 1985

McGlory v. Cassone Leasing, Inc.

McGlory v. Cassone Leasing, Inc.
Appellate Division of the Supreme Court of New York · Decided December 30, 1985
115 A.D.2d 713; 497 N.Y.S.2d 874; 1985 N.Y. App. Div. LEXIS 55156
McGlory v. Cassone Leasing, Inc.

Opinion of the Court

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mc-Ginity, J.), entered July 31, 1984, which, after a nonjury trial, was in favor of defendants.

Judgment affirmed, with costs.

*714There is no proof in this record that the driver acted negligently when the tractor moved approximately 18 inches instead of one inch and in the absence of such proof we will not assume it is possible to move a distance of one inch and not 18.

We have considered plaintiff’s other contentions and find them to be without merit. Lazer, J. P., Thompson, O’Connor, Rubin and Kunzeman, JJ., concur.

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