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WOODS v. WALKER & CORSA

132 Misc.2d 660 (1986)

Ann Woods, Plaintiff, v. Walker and Corsa et al., Defendants.

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

July 16, 1986

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett (Robert A. Borgue of counsel), for plaintiff. Smith & LaQuercia, P. C. (Thomas M. LaQuercia of counsel), for defendants.

THEODORE DIAMOND, J.

For purposes of this opinion, the jury found defendant negligent, and plaintiff guilty of culpable conduct contributing to the damages. CPLR 4401 motions regarding these answers were denied. The jury answer to question 5, apportionment, was 2.5% plaintiff and 97.5% defendant, by a vote of 5-1.

Because the allocation is "contrary to the weight of the evidence," defendant moves to...

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