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JENNIE TIERNO v. JOHN J. BRENNIE (05/05/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


May 5, 1969

JENNIE TIERNO, AS ADMINISTRATRIX OF THE ESTATE OF JOHN BRYK, DECEASED, RESPONDENT, AND SANDRA WIEDMAN ET AL., APPELLANTS,
v.
JOHN J. BRENNIE, RESPONDENT, AND WILLIAM WIEDMAN, APPELLANT

Christ, Acting P. J., Brennan, Rabin, Hopkins and Martuscello, JJ., concur.

The principal question presented is whether the verdict exonerating Brennie from liability was against the weight of the evidence. It is our opinion that the proof created issues of fact as to the negligence of William Wiedman and the freedom from negligence of Brennie; and that the determination of the jury, as triers of the fact, which resolved those issues in favor of Brennie and against Wiedman, was supported by sufficient evidence. William Wiedman's other contentions have been examined and we find no merit therein.

Disposition

Interlocutory judgment affirmed, with one bill of costs to respondents jointly.

19690505

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