Grinnell v. City of New York

—Judgment, Supreme Court, New York County (Robert Lippmann, J., and a jury), entered June 19, 1996, awarding plaintiffs the principal sum of $305,000, unanimously affirmed, without costs.

The trial court properly declined to charge apportionment because there was insufficient evidence for the jury to determine which specific cause contributed to which separate injury (cf., Ravo v Rogatnick, 70 NY2d 305, 312). Although it was error for the trial court to predetermine the award of medical expenses by filling in the amount on the interrogatory submitted to the jury, the error was unpreserved by…