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KLEIN v. KLEIN

101 A.D.2d 828 (1984)

Beatrice Klein, Appellant, v. Shlomo S. Klein, Respondent

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

May 14, 1984

¶ Judgment affirmed, with costs.

¶ The proof that the car defendant was driving skidded, causing it to deviate from its course of travel, made out a prima facie case and put the burden upon the defendant of coming forward with an explanation. However, the defendant having come forward, the factual evaluation of the evidence as a whole was for the jury (Pfaffenbach v White Plains Express Corp., 17 N.Y.2d 132

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