Gallo v. Nigro

Judgment, Supreme Court, Bronx County, entered on April 18, 1972, in favor of defendants, after trial by court and jury, reversed, on the law, and a new trial directed, with $60 costs and disbursements to abide the event. It would have been improper for the court to have charged, as requested by plaintiff’s attorney, that “ negligence, however slight, of the plaintiff, will be sufficient to bar recovery by her provided her negligence is a substantial factor in causing injury.” (Italics added.) (Acerra v. Trippardella, 34 A D 2d 927; Gill v. Anderson, 39 A D 2d 941, and cases cited therein.)…