Legal Opinion

Russo v. Rifkin

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1985PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Lazer, J. P.

The question here is whether in an action involving comparative fault there must be a new trial because the appellant’s request for a special verdict was rejected by the trial court with the result that a general verdict simply stating a sum of money was rendered in favor of the plaintiff. Additionally, if the form of the verdict was fatally defective, we must determine whether the verdict could be resuscitated by juror affidavits explaining the thought processes that brought it about.

In this dental malpractice action, the plaintiff is a young man with a…

2Cases cited15 opinions

  1. McDonald v. PlessSupreme Court of the United States · 1915
  2. Placek v. City of Sterling HeightsMichigan Supreme Court · 1979
  3. People v. De LuciaNew York Court of Appeals · 1967
  4. Dalrymple v. . WilliamsNew York Court of Appeals · 1875
  5. Davis v. CaldwellNew York Court of Appeals · 1981

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3Cited by25 opinions

  1. Papa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  2. Sharrow v. Dick Corp.New York Court of Appeals · 1995
  3. Hall & Co. v. Steiner & MondoreAppellate Division of the Supreme Court of the State of New York · 1989
  4. Moisakis v. Allied Building Products Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Wylder v. ViccariAppellate Division of the Supreme Court of the State of New York · 1988

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