State University Construction Fund v. Kipphut & Neuman Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: The trial court should not have permitted the jury to consider the issue of the comparative liability of plaintiff, John W. Cowper Company, Inc. The court and all parties had properly agreed that any culpable conduct *1004on the part of Cowper in failing to provide security on the jobsite related only to mitigation of damages and should be considered on the damages portion of the trial. When a plaintiff’s culpable conduct does not cause the accident but merely aggravates the injury, the conduct is pertinent…
2Cases cited8 opinions
- Spier v. BarkerNew York Court of Appeals · 1974
- Melodee Lane Lingerie Co. v. American District Telegraph Co.New York Court of Appeals · 1966
- Suria v. ShiffmanNew York Court of Appeals · 1986
- Rozner v. Resolute Paper Products Corp.Appellate Division of the Supreme Court of the State of New York · 1971
- Henry v. Michael P. Guastella & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
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3Cited by7 opinions
- Brown v. Daniel Realty Co.Court of Appeals of Maryland · 2009
- Ronsini v. Garlock, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- In re New York City Asbestos LitigationNew York Supreme Court · 1997
- Gram v. Acands, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Brown v. Daniel Realty Co.Court of Appeals of Maryland · 2009
2 more not listed; retrieve them via the Exa API.