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HACKETT v. DRIVER

278 A.D.2d 914 (2000)

718 N.Y.S.2d 553

JOHN D. HACKETT, Respondent, v. BENJAMIN DRIVER, Appellant.

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

Decided December 27, 2000.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted that part of plaintiff's motion at the close of proof seeking a directed verdict on the issue of liability. Contrary to defendant's contention, there is no evidence that plaintiff could have taken any action to avoid the collision (cf., Damerau v Johnson, 265 A.D.2d 927). The court also properly granted that part of plaintiff's motion...

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