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Piervinanzi v. Textile Motor Express, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 1993
198 A.D.2d 183 (N.Y. App. Div. 1993)

Opinion

November 30, 1993

Appeal from the Supreme Court, Bronx County (Bernard Burstein, J.).


We agree with the trial court that the credible evidence showed that any fault on the part of defendant truck drivers in stopping their vehicles on the highway to make emergency repairs was at most "very minor", and that plaintiff's failure to drive a sufficient distance behind another vehicle despite light early morning traffic or pay attention to the road ahead of him "was clearly the far greater fault". Plaintiff's summation arguments that the individual defendant and his nondefendant partner were at fault for failing to do things not shown to be mechanically possible were improper, and also warrant a new trial (see, Bromberg v City of New York, 25 A.D.2d 885).

Concur — Murphy, P.J., Sullivan, Rosenberger, Ross and Rubin, JJ.


Summaries of

Piervinanzi v. Textile Motor Express, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 1993
198 A.D.2d 183 (N.Y. App. Div. 1993)
Case details for

Piervinanzi v. Textile Motor Express, Inc.

Case Details

Full title:MICHAEL PIERVINANZI, Appellant, v. TEXTILE MOTOR EXPRESS, INC., et al.…

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

Date published: Nov 30, 1993

Citations

198 A.D.2d 183 (N.Y. App. Div. 1993)
604 N.Y.S.2d 80

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