WEBER v. CITY OF NEW YORK


101 A.D.2d 757 (1984)

John Weber et al., Respondents, v. City of New York, Defendant and Fourth-Party Plaintiff, and New York City Housing Authority, Appellant and Third-Party Plaintiff-Appellant. New York Telephone Company, Third-Party Defendant-Appellant and Fourth-Party Defendant-Appellant

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

May 10, 1984


¶ The determination of "the proportion which the culpable conduct attributable to the claimant * * * bears to the culpable conduct which caused the damages" (CPLR 1411), generally, and on the facts of this case, presents a question of fact for determination by the triers of fact, here the jury. On the evidence, the jury's determination of this proportion was within the permissible, reasonable range of inference of fact. The verdict was not against the weight of the evidence...

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