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Arrumm v. Yonkers Institutional Food Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 707 (N.Y. App. Div. 1992)

Opinion

March 9, 1992

Appeal from the Supreme Court, Westchester County (Delaney, J).


Ordered that the judgment is affirmed insofar as appealed from, with costs.

On April 11, 1986, the plaintiff was struck by a van as she attempted to cross North Lexington Avenue in White Plains. The plaintiff argues that the verdict on apportionment of fault should be set aside as against the weight of the evidence. We disagree.

We find that there is a reasonable interpretation of the evidence which supports the jury's determination, and thus, the verdict should not be set aside (see, Cohen v Hallmark Cards, 45 N.Y.2d 493; Nicastro v Park, 113 A.D.2d 129; Datiz v Shoob, 125 A.D.2d 628, affd 71 N.Y.2d 867). Specifically, the evidence presented supports the conclusion that the plaintiff was several feet from the cross walk when she attempted to cross North Lexington Avenue. Thus, the jury's conclusion that the plaintiff was almost entirely responsible for the accident is not against the weight of the evidence. Accordingly, the judgment is affirmed insofar as appealed from. Harwood, J.P., Balletta, O'Brien and Ritter, JJ., concur.


Summaries of

Arrumm v. Yonkers Institutional Food Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 707 (N.Y. App. Div. 1992)
Case details for

Arrumm v. Yonkers Institutional Food Corp.

Case Details

Full title:DOLOROSA ARRUMM, Appellant, v. YONKERS INSTITUTIONAL FOOD CORPORATION et…

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

Date published: Mar 9, 1992

Citations

181 A.D.2d 707 (N.Y. App. Div. 1992)
581 N.Y.S.2d 225

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