Opinion

Alexander v. Eldred

  • 100 A.D.2d 666
  • 473 N.Y.S.2d 864
  • 1984 N.Y. App. Div. LEXIS 17655
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 8, 1984
Status
Published
Author
Mahoney
On the bench
Mahoney, Casey
Cited by
5 cases

The opinion

Mahoney, P. J. (concurring in part and dissenting in part).

While I agree with the majority that the verdict in terms of damages was not excessive, and, further, concur that defendant City of Ithaca had a duty to erect and maintain such traffic control signs as were necessary to protect the driving public (Vehicle and Traffic Law, § 1640, subd [a], par 1; see, also, Uniform Traffic Manual, 17 NYCRR 207.4 [a]), I cannot agree that the city’s failure to erect or post a stop sign at Edgecliff Place proximately contributed to the accident. It is clear from the evidence that defendant cab driver did stop at the intersection. Further, he pleaded guilty to a violation of section 1140 of the Vehicle and *668 Traffic Law. In my view, it was improper for the trial court to have submitted the issue of defendant city’s negligence to the jury. Accordingly, I would modify the verdict by setting aside so much thereof as imposed liability against defendant city.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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