Cabrera v. A-To-Z Signs

OPINION OF THE COURT

William J. Giacomo, J.

In this action for personal injuries sustained by the plaintiff, Derek Cabrera, as a result of the alleged negligence of the defendant, A-To-Z Signs, Inc., plaintiff moves in limine for an order precluding the defendant from asking the jury to apportion liability for plaintiff’s injuries between it and the State of New York including: (1) allowing the State to appear on the verdict sheet, (2) utilizing the “empty chair defense” in an effort to mitigate damages, and (3)1 offering evidence that the plaintiffs have a separate action against the State of…