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RUNFOLA v. BRYANT

127 A.D.2d 972 (1987)

Bridget Runfola, an Infant, by Samuel Runfola, Her Father and Natural Guardian, et al., Appellants, v. George Bryant et al., Respondents

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

February 27, 1987

Judgment unanimously reversed on the law with costs and new trial granted.

Memorandum:

The Trial Judge committed reversible error in failing to charge the jury adequately on the principles of comparative negligence (CPLR 1411). Plaintiffs' counsel specifically requested the court to instruct the jury on the rules of comparative negligence set forth in the Pattern Jury Instructions (PJI 2:36 [Supp]), but the court declined to do so. PJI 2:36 (Supp) sets forth...

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