Perez v. Levine

OPINION OF THE COURT

Judgment entered April 8, 2003 reversed and the matter is remitted to Civil Court for a new trial, limited solely to the issues of liability and the apportionment of fault among the parties, with $30 costs to abide the event.

The negligence action arises from a multi-vehicle collision that occurred on the FDR Drive on the night of July 8, 1995. The trial evidence shows that defendant Levine, while attempting to enter the highway via the 23rd Street entrance ramp, “veered” her car into, “mounted,” and crossed over a concrete construction barrier that she failed to observe,…