Graham v. City of Rochester

Callahan, J. P.,

(dissenting). I agree with the majority that *993there should be a modification of the judgment for the reasons enumerated. The errors, however, also may have contributed to the jury’s finding against the County. I know of no authority or precedent which permits fixing the County’s culpability at 10% as a matter of law. That ruling infringes upon the rights of the remaining parties. It is well established that proximate cause is a question of fact for the jury to determine (Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315; Taylor v Prostall, Inc., 174 AD2d 982, 983).

In my view, a…