Greenberg v. City of Yonkers

Memorandum. As a result of the plaintiffs’ choice to litigate their claim on a warranty theory, the issue of Cyanamid’s negligence was never submitted to the jury. Rather evidence of Cyanamid’s negligence was totally excluded during the first stage of trial. Now Cyanamid argues that not having been found negligent in the first stage, it was not possible for the jury to find Cyanamid negligent on the respondents’ cross claims. This position is patently without merit (Dole v Dow Chem. Co., 30 NY2d 143; cf. Rogers v Dorchester Assoc., 32 NY2d 553); particularly in light of the fact that the…