FISHMAN v. BEACH


237 A.D.2d 705 (1997)

654 N.Y.S.2d 854

David Fishman, Appellant, v. Christopher Beach, Defendant, and Gino M. Masciotra, Respondent

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

March 6, 1997


Peters, J.

The facts underlying this negligence action stem from an early morning incident which occurred on May 18, 1991 on Madison Avenue in the City of Albany. After plaintiff was pushed into the street by defendant Christopher Beach, he was struck by a car driven by defendant Gino M. Masciotra (hereinafter defendant). After trial, the jury found that defendant was not negligent. Plaintiff now appeals, contending that Supreme Court erred when it charged...

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