WANAMAKER v. PIETRASZEK


107 A.D.2d 1020 (1985)

Isabell Wanamaker, Individually and as Administratrix of The Estate of Martin Wanamaker, Deceased, Respondent, v. Julie Pietraszek et al., Appellants. (Appeal No. 2.)

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

January 29, 1985


Judgment unanimously reversed, on the law and facts, without costs, and new trial granted on the issue of damages only.

Memorandum:

There is no merit to defendants' claim that the trial court should have presented the question of decedent's contributory negligence to the jury, and the jury's finding as to the proportionate liability of each defendant is amply supported in the record. The verdict of $252,000 is excessive, however, and since it cannot be said...

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