(DOWNLOAD) "Blanca Rodriguez v. Linda Cato Et Al." by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Blanca Rodriguez v. Linda Cato Et Al.
- Author : Supreme Court of New York
- Release Date : January 20, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[63 A.D.2d 922 Page 922] Judgment, Supreme Court, New York County, entered February 17, 1976, granting judgment in favor of the defendant is reversed, on the law and the facts and in the exercise of discretion, vacated, and is remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. In this action for damages for personal injuries, it seems that defendant Gruskin was driving a motor vehicle in the scope of his employment, such vehicle being owned by defendant Cato, when the accident occurred. It appears that plaintiff, upon hearing the bells of an ice cream truck at about 4:30 p.m. on August 23, 1974, determined to get some ice cream. She left her brother's apartment where she had been visiting and proceeded along West 135th Street in Manhattan. The ice cream truck was double parked across the street and near the corner. West 135th Street is a two-way street with a parking lane on each side and two traffic lanes on each side. She crossed the street near the crosswalk but not within it, keeping a watch for oncoming traffic. As she was two steps past the middle of the street she saw and heard a car approaching; though no horn was sounded she tried unsuccessfully to run out of the car's path but was struck and injured by defendant Gruskin. As in most negligence cases of this sort, the question of plaintiff's contributory [63 A.D.2d 922 Page 923]