Elliott v. City of New York

— Judgment, Supreme Court, New York County (James N. White, J.), entered June 12, 1987, upon a jury verdict in favor of plaintiff in the sum of $1,500,000, unanimously modi*387fled, on the law and the facts, to the extent of remanding the matter for a new trial on the issue of apportionment of liability and, as so modified, otherwise affirmed, without costs.

At 4:30 a.m. on November 8, 1982, plaintiff was driving his mother’s 1967 Ford pickup north along Route 28A, a two-lane, city-maintained road bordering the Ashokan Reservoir in Ulster County. Spotting a deer running through the woods from his…