FAUSTIN v. AQUATERO


201 A.D.2d 453 (1994)

607 N.Y.S.2d 125

Ava Faustin et al., Appellants, v. John Aquatero, Respondent

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

February 7, 1994


Ordered that the order is affirmed, with costs.

According to the defendant, a third vehicle hit his own vehicle, causing it to collide with the plaintiffs' vehicle. We find that the jury's verdict that the defendant failed to operate his vehicle in a safe and reasonable manner but that his negligence was not a proximate cause of the automobile accident was not inconsistent (PJI 2:72; see generally, Gralton v Oliver, 277 App Div 449, affd

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