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TRILLO v. GERRY

135 A.D.2d 625 (1987)

Federeco Trillo et al., Appellants, v. Rose G. Gerry, Respondent

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

December 14, 1987

Ordered that the judgment is affirmed, with costs.

While the evidence established that there was physical contact between the plaintiff Federeco Trillo and the left side of the defendant's vehicle toward the rear, there was no evidence that the defendant had committed any negligent acts. Accordingly, since there was no issue for the jury's consideration, the trial court properly granted the defendant's renewed motion (see, McCloud v Marcantonio,

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