Guyot v. Al Charyn, Inc.

Lupiano, J. (dissenting in part).

During the course of the *83trial of this negligence action, before a jury and toward the end of plaintiffs’ case, the parties stipulated that the masonry nail, a particle of which apparently struck plaintiff Frederick Guyot in an eye, was defective and that plaintiffs have judgment for $150,000. The jury was discharged and the trial proceeded for determination and apportionment of liability among the defendants. Prior to trial, a workmen’s compensation award was rendered in favor of plaintiff Frederick Guyot, the injured workman, against Jerome Mackey’s Judo,…