TALAY v. DEL VICARIO


74 A.D.2d 601 (1980)

Haluk M. Talay, Appellant, v. Patrick J. Del Vicario, Respondent

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

February 11, 1980


Judgment reversed, with costs, jury verdict reinstated and action remitted to Trial Term for further proceedings consistent herewith.

The trial court erred in setting aside "that part of the jury verdict which apportioned negligence in the amount of 30% on the defendant", and in granting defendant's motion for judgment as a matter of law dismissing plaintiff's complaint. The resolution of conflicting evidence and the credibility of the witnesses is for the jury and...

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