Dimino v. Burriesci
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an interlocutory judgment of the Supreme Court, Queens County (Goldstein, J.), entered August 15, 1985, which, after a jury trial on the issue of liability only, found the infant plaintiff 40% at fault in the happening of the accident and the defendant only 60% at fault in the happening of the accident.
Ordered that the interlocutory judgment is reversed, on the law and as an exercise of discretion, and a new trial is granted, with costs to abide the event.
On June 18, 1981, the infant plaintiff,…
2Cases cited6 opinions
- Avram v. HaddadAppellate Division of the Supreme Court of the State of New York · 1982
- Dugan v. DieberAppellate Division of the Supreme Court of the State of New York · 1969
- Branch v. StehrAppellate Division of the Supreme Court of the State of New York · 1983
- Poczkalski v. CartwrightAppellate Division of the Supreme Court of the State of New York · 1978
- Schaffner v. RockmacherAppellate Division of the Supreme Court of the State of New York · 1972
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3Cited by4 opinions
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- Auwarter v. Malverne Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- William D. Maldovan v. County of ErieNew York Court of Appeals · 2022