CUSUMANO v. THE CITY OF NEW YORK

1 Citing case

  1. Cusumano v. City of New York

    2010 N.Y. Slip Op. 7250 (N.Y. 2010)   Cited 62 times

    It further argued that the jury's finding of liability under section 27-127 was unsustainable because the evidentiary basis for the jury's finding was the City's noncompliance with the inapplicable section 27-375 (f). Supreme Court denied the motion, holding that the City should have pleaded as an "affirmative defense" the inapplicability of section 27-375 (f) ( 2006 NY Slip Op 30626[U], *3 [2006]). The Appellate Division, with one Justice dissenting, modified the jury's damages award to the extent of ordering plaintiff to stipulate to a reduction thereof or face a new trial on that issue ( 63 AD3d 5, 12 [2d Dept 2009]).