Sugarman v. Bryks

OPINION OF THE COURT

John A Milano, J.

In this bifurcated jury trial, prior to the court’s charge to the jury, on liability, plaintiff’s attorney moved for the following relief: (1) to declare the newly enacted General Municipal Law § 205-e (L 1989, ch 346 [eff July 12, 1989]) applicable to the case at bar and (2) that, in addition to the statutory relief under General Municipal Law § 205-e, the court also charge the jury with respect to a cause of action in common-law negligence. For the reasons enumerated below the court (1) grants plaintiff’s request with respect to the applicability of…