Pisciotta v. Parisi

Spatt, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: Since I believe there is no evidence of culpable conduct by the plaintiff in this record, I conclude that the trial court properly declined to charge on comparative negligence. Thus, in my view, the verdict in favor of the plaintiff should be sustained, and I respectfully dissent from the majority’s decision to reverse and grant a new trial.

On the evening of July 18, 1985, the 17-year-old plaintiff went to the patio area of the defendant’s home to get her bicycle. In order to do so, she had to…