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Gotoy v. City of New York

Court of Appeals of the State of New York
Nov 23, 1999
(N.Y. Nov. 23, 1999)

Opinion

Decided November 23, 1999

The order of the Appellate Division should be reversed, with costs, and a new trial granted, for reasons stated by the dissenters, to the extent that they concluded that the trial court erred in refusing to instruct the jury as to any alleged comparative negligence on plaintiff's part. The police officer's testimony regarding plaintiff's alleged failure to follow safety instructions created a question of fact as to plaintiff's comparative fault, which should have been submitted to the jury for its consideration.

Jane L. Gordon, for appellants.

Martin S. Rothman, for respondent.


MEMORANDUM:

* * * * * * * * * * * * * * * *

Order reversed, with costs, and a new trial granted, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.


Summaries of

Gotoy v. City of New York

Court of Appeals of the State of New York
Nov 23, 1999
(N.Y. Nov. 23, 1999)
Case details for

Gotoy v. City of New York

Case Details

Full title:ELVIS GOTOY, Respondent, v. CITY OF NEW YORK, et al., Appellants, et al.…

Court:Court of Appeals of the State of New York

Date published: Nov 23, 1999

Citations

(N.Y. Nov. 23, 1999)