Toyos v. City of New York

Judgment, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about February 28, 2007, upon a jury verdict finding, inter alia, defendant City of New York 20% liable for plaintiffs’ injuries, unanimously modified, on the law, to vacate the apportionment of fault for the injuries of plaintiff Avelino Toyos, the matter remanded for a new trial solely on that issue, and otherwise affirmed, without costs.

On a prior appeal in this action arising out of a motor vehicle accident, this Court affirmed the trial court’s decision granting plaintiffs’ motion to set aside the verdict and…