Segal v. Segal

Interlocutory judgment, Supreme Court, New York County, entered May 24, 1979, after a nonjury trial, adjudicating the issue of liability in favor of plaintiffs and determining that plaintiffs shall recover from defendant Abram Segal upon the ultimate determination of damages one third of such damages, so far as appealed from by said defendant, is affirmed, with costs to plaintiffs. On this record, negligence, proximate cause, and apportionment of liability as against said defendant all presented questions of fact (Pfaffenbach v White Plains Express Corp., 17 NY2d 132, 135; Dole v Dow Chem.…