Summary
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.
Summary of this case from Albertson v. GadsenOpinion
Argued May 7, 1964
Decided June 10, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. DONOHOE, J.
Bernard Meyerson and Thomas V. Kingham for appellants.
Aaron E. Klein for respondents in action No. 3.
William R. Sichol for respondents in action No. 2.
Order reversed, without costs, and the complaints in actions Nos. 2 and 3 dismissed upon the ground that the trial court erred as matter of law in failing to grant defendants-appellants' motion for a directed verdict. Since the evidence as to the circumstances surrounding the happening of the accident which damaged plaintiffs is undisputed, the question as to whether any act or omission of defendants-appellants was a proximate cause thereof was one for the court and not for the jury ( Rivera v. City of New York, 11 N.Y.2d 856).
Concur: Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judge BERGAN dissent and vote to affirm.