DYKSTRA v. TOWN OF MADISON


90 A.D.2d 620 (1982)

Lionel Dykstra, Appellant-Respondent, v. Town of Madison, Respondent-Appellant, et al., Defendant

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

October 21, 1982


At the close of all testimony in this negligence action, Trial Term instructed the jury. Neither of the parties made any requests or exceptions to the charge as given. Subsequently, the jury returned a verdict in favor of plaintiff for $15,000. In response to Trial Term's inquiry, the jury indicated that it had considered plaintiff to be partially at fault and that it had accordingly reduced the verdict by the percentage of plaintiff's negligent conduct. Although neither...

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