WILSON v. MAIELLO


34 A.D.2d 221 (1970)

Annel Wilson, as Administratrix of The Estate of Joseph Wilson, Deceased, Respondent, v. Dominic J. Maiello, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 5, 1970.


Attorney(s) appearing for the Case

William J. Regan of counsel (Benjamin Purvin, attorney), for appellant.

Benjamin H. Siff of counsel (Irving Payson Zinbarg with him on the brief), for respondent.

CAPOZZOLI, MARKEWICH and NUNEZ, JJ., concur.


EAGER, J. P.

The defendant appeals from a judgment entered for plaintiff upon a verdict of a jury rendered in an action to recover for personal injuries sustained by a pedestrian while crossing the Henry Hudson Parkway. The injured's contributory negligence is conceded and recovery is sought to be sustained against the motorist on the application of the last clear chance doctrine.

We conclude that the evidence did not justify a submission of the...

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