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LEINER v. WYTHE SERV STA

121 Misc.2d 559 (1983)

Norbert Leiner et al., Plaintiffs, v. First Wythe Avenue Service Station, Inc., Defendant.

Civil Court of the City of New York, Kings County.

September 30, 1983

Attorney(s) appearing for the Case

A. Stanley Proner and Daniel L. Seltzer for plaintiffs. Richard A. Scheer and Roberta E. Tarshis for defendant.

HERBERT KRAMER, J.

Has the adoption of the New York rule of comparative negligence and assumption of the risk (CPLR 1411) abrogated the absolute bar to recovery for damages in a dog bite case, where there is a defense of the plaintiff placing himself in harm's way?

Secondly, is it within the trial court's discretion, in the case at bar, to order a unified trial pursuant to the bifurcation rule in the Second Department? Both issues are of first...

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