Perales v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Luis Gonzalez, J.), entered December 11, 1998, which, after a jury trial and upon an order of the same court and Justice reducing the verdict, awarded plaintiff damages *350structured pursuant to CPLR article 50-B, affirmed, without costs.
Defendant’s sole appellate contention, that the trial court erred in declining to charge comparative negligence, is without merit. Although comparative negligence is usually a jury question, the trial court properly decided the issue as a matter of law, since no valid line of reasoning based on the trial evidence permitted…
2Cases cited6 opinions
- McGuire v. . SpenceNew York Court of Appeals · 1883
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- Porter v. Avlis Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- In re New York City Asbestos LitigationAppellate Division of the Supreme Court of the State of New York · 1993
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