CRUZ v. MANOR ENERGY INC.


304 A.D.2d 495 (2003)

758 N.Y.S.2d 331

CARLOS CRUZ et al., Respondents, v. MANOR ENERGY INC., Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided April 29, 2003.


Plaintiffs set forth a prima facie case on the issue of proximate cause, the evidence was legally sufficient to support the verdict, and the verdict was not against the weight of the evidence. Defendant offered no evidence to refute plaintiffs' proof that its oil truck was parked at least 2½ feet away from the curb, a clear violation of the 12-inch maximum allowed by Vehicle and Traffic Law § 1203 constituting proof of negligence and raising an issue of proximate...

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