KOROLUCK v. GIORDANO'S SERV. CTR., INC.


34 A.D.2d 1013 (1970)

Stephen Koroluck, Appellant, v. Giordano's Service Center, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 29, 1970


Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, the jury was confused as to applicable law, despite having been accurately charged by the learned trial court.

After their deliberations the foreman of the jury informed the court that the jury had concluded that both sides were guilty of negligence. The statement of the foreman was improper in form and gratuitous, since only a general verdict was warranted...

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