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Capano v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1972
39 A.D.2d 855 (N.Y. App. Div. 1972)

Opinion

June 6, 1972


Judgment, Supreme Court, New York County, entered on October 20, 1971, unanimously reversed, on the law and on the facts, and vacated, and a new trial directed, with costs and disbursements to abide the event. Though it appears that defendant's negligence was sufficiently established by the proof, we cannot say that certain parts of the charge — particularly those portions thereof which seemingly took the factual issue of negligence away from the jury and discussed the safe-place-to-work doctrine — were not prejudicial to the defendant. Additionally, in our opinion the $400,000 verdict, under the circumstances of this case, was somewhat excessive.

Concur — Stevens, P.J., Markewich, Murphy, Tilzer and Capozzoli, JJ.


Summaries of

Capano v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1972
39 A.D.2d 855 (N.Y. App. Div. 1972)
Case details for

Capano v. City of New York

Case Details

Full title:JAMES J. CAPANO, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Jun 6, 1972

Citations

39 A.D.2d 855 (N.Y. App. Div. 1972)