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Bahadur v. G. C. Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 514 (N.Y. App. Div. 1999)

Opinion

Submitted September 22, 1999

October 25, 1999

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Friedman, J.).


ORDERED that the judgment is reversed, on the facts and as a matter of discretion, and a new trial is granted, with costs to abide the event.

In the instant case, "[t]he jury's initial finding that [the injured plaintiff's] negligence was not a proximate cause of the accident was inconsistent with the finding that [he] was [30%] at fault" (see, Cortes v. Edoo, 228 A.D.2d 463, 465 ). The trial court did not err in instructing the jury to further consider its answers and verdict (see, CPLR 4111[c]; cf., Cortes v. Edoo, supra).

We agree with the appellant that under the circumstances of this case, the jury's finding that the injured plaintiff was negligent, but that such negligence was not a proximate cause of the accident, was against the weight of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134 ; see also, Stanton v. Gasport View Dairy Farm, 244 A.D.2d 893 ). Thus, a new trial is granted.

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.


Summaries of

Bahadur v. G. C. Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 514 (N.Y. App. Div. 1999)
Case details for

Bahadur v. G. C. Construction Corp.

Case Details

Full title:JAMES BAHADUR, et al., respondents, v. G. C. CONSTRUCTION CORP., appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 1999

Citations

265 A.D.2d 514 (N.Y. App. Div. 1999)
696 N.Y.S.2d 877

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