PROVENZANO v. CITY OF NEW YORK


283 A.D.2d 221 (2001)

724 N.Y.S.2d 738

JOSEPH PROVENZANO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 10, 2001.


Plaintiff's posttrial motion for judgment notwithstanding the verdict or a new trial was properly denied. Evidence at trial showed that plaintiff was guiding the sanitation truck driven by the individual defendant through a difficult turn; that plaintiff signaled defendant intending that he straighten the wheels; that defendant interpreted the signal to mean that he move forward; and that the truck then came into contact with plaintiff's foot. There is nothing about this...

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