Dobski v. City of Schenectady

Appeals (1) from an order of the Supreme Court (Lomante, J.), entered I/larch 26, 1999 in Schenectady County, which, inter alia, granted plaintiff’s motion to set aside that portion of the verdict finding plaintiff to be 40% contributorily or comparatively negligent, and (2) from the judgment entered thereon.

On October 15, 1994, plaintiff, a 16-year-old high school student, was injured while marching as a drum majorette with the Schenectady High School Marching Band on Brandywine Avenue in the City of Schenectady, Schenectady County. While marching backwards leading the band, plaintiff…