FRAHER v. MARQUART


198 A.D.2d 796 (1993)

605 N.Y.S.2d 710

Thomas J. Fraher, Jr., et al., Appellants, v. James R. Marquart et al., Respondents

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

November 19, 1993


Order affirmed with costs.

Memorandum:

Under all of the circumstances, the question of defendant James R. Marquart's negligence was an issue of fact properly submitted to the jury and the jury's determination is not against the weight of the evidence. The jury reasonably could have determined that defendant was not negligent in making his left turn into the driveway. There was testimony that, before making his turn, defendant had stopped, rolled down his window...

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