In Cartica v. Kieltyka , Genevieve Cartica was a passenger in Elizabeth Kieltyka's car when it collided with another vehicle. (Kieltyka couldn't see the traffic as she "inched out" into a Yonkers intersection and thus failed to yield the right of way at a stop sign.)
After a Westchester County Supreme Court jury found against Cartica, she appealed to the Appellate Division, Second Department, which found the outcome inconsistent with the "weight of the evidence."
Because Kieltyka's negligent driving was a substantial factor in bringing about the accident -- and no rational jury could conclude otherwise -- the AD2 sent the parties back to Westchester Supreme for a hearing on damages.
Bet they all yielded to that!
To download a copy of the Appellate Division's decision, please use this link: Cartica v. Kieltyka