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Albertson v. Gadsen

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1966
27 A.D.2d 554 (N.Y. App. Div. 1966)

Opinion

December 19, 1966


Judgment of the Supreme Court, Dutchess County, dated October 4, 1965, reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact have been considered. In our opinion, plaintiffs established a prima facie case which should have been submitted to the jury. Tsitsera v. Hudson Tr. Corp. ( 14 N.Y.2d 855), upon which the learned Trial Judge relied in dismissing the complaints, is factually distinguishable. In Tsitsera the facts supported the determination that, as a matter of law, the defendants' acts were not the proximate cause of the injuries sustained by the plaintiffs therein. At bar the facts were not such as to permit the trial court to hold that, as a matter of law, defendant's acts were not the proximate cause of plaintiffs' injuries and property damage. At most, the plaintiff driver's acts were concurrent and not intervening causes (see Saugerties Bank v. Delaware Hudson Co., 236 N.Y. 425; Di Sabato v. Soffes, 9 A.D.2d 297; 2 Restatement, Torts [Second], § 439). Ughetta, Acting P.J., Christ, Hill, Rabin and Benjamin, JJ., concur.


Summaries of

Albertson v. Gadsen

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1966
27 A.D.2d 554 (N.Y. App. Div. 1966)
Case details for

Albertson v. Gadsen

Case Details

Full title:NANCY J. ALBERTSON et al., Appellants, v. PHILIP GADSEN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 19, 1966

Citations

27 A.D.2d 554 (N.Y. App. Div. 1966)