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1
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OPINION
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EXTRACTED KEY WORDS
RESPONDENT YORK MEMORANDUM COSTS INSTRUCT JURY JUDGE PUBLICATION YORK REPORTS JANE GORDON MARTIN ROTHMAN APPELLATE DIVISION DISSENTERS REFUSING ALLEGED COMPARATIVE NEGLIGENCE POLICE TESTIMONY ALLEGED FAILURE SAFETY INSTRUCTIONS COMPARATIVE FAULT CHIEF JUDGE KAYE JUDGES BELLACOSA SMITH LEVINE CIPARICK WESLEY ROSENBLATT CONCUR |
ELVIS GOTOY, RESPONDENT, v. CITY OF NEW YORK, ET AL., APPELLANTS, ET AL.,
DEFENDANT.
94 N.Y.2d 812 (1999).
November 23, 1999
2 No. 189
(99 NY Int. 0158)
Decided November 23, 1999
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
Jane L. Gordon, for appellants.
Martin S. Rothman, for respondent.
MEMORANDUM:
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.
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.
Decided November 23, 1999
SNIPPETS:
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