3 A.D.2d 916 | N.Y. App. Div. | 1957
— Respondent has recovered a judgment against appellant in an action to recover damages for wrongful death and conscious pain and suffering. The complaint alleges and respondent testified that while she was driving a motor vehicle, in which the intestate was riding, on a one-way street between a double-parked truck on one side of the street and appellant’s motor vehicle which he was in the process of backing into a parking space on the other side, appellant moved his car causing it to come into contact with hers. Appellant testified that his ear was not in motion at the time of the accident and that respondent’s car struck Ms car slightly as she was attempting to pass through