CRESPO v. CHAN


54 A.D.3d 621 (2008)

ELIAS CRESPO, Appellant, v. KWON F. CHAN et al., Respondents.

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

September 23, 2008.


A fair interpretation of the evidence in this action arising out of an alleged motor vehicle accident supports the finding that the vehicle in which plaintiff was a passenger and the vehicle driven by defendant Phan never even came into contact, as defendant Phan testified. Accordingly, the jury reasonably could have concluded that defendant Phan did not cause the injury to plaintiff's right arm that plaintiff claimed he suffered (see McDermott v Coffee Beanery, Ltd.,...

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