KUNKEL v. LEONARDI


36 A.D.2d 844 (1971)

George E. Kunkel et al., Respondents, v. Lawrence E. Leonardi et al., Appellants

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

April 19, 1971


Order reversed on the facts without costs, verdict reinstated and judgment directed in defendants' favor thereon.

The testimony given at the trial was sufficient to support a jury finding that the plaintiff had contributed to, if not deliberately caused, the accident which he seeks to blame entirely on the defendant. As such, a finding for the defendant was proper, and it was error for the trial court to set aside the defendants' verdict (Fogel v. Nelson, ...

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