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ROMANCHICK v. HAVENS

159 A.D.2d 1022 (1990)

Brian Romanchick, Appellant, v. George Havens et al., Respondents

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

March 16, 1990

Judgment unanimously affirmed without costs.

Memorandum:

The court properly instructed the jury on the theories of implied assumption of risk and comparative negligence, as there was sufficient evidence to support both theories (see, McCabe v Easter, 128 A.D.2d 257). Although the court should not have instructed the jury to apportion the damages under each theory, but rather should have instructed the jury...

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