KOSINSKI v. CONSOL. RAIL CORP.


195 A.D.2d 964 (1993)

601 N.Y.S.2d 754

Jeffrey L. Kosinski, Appellant, v. Consolidated Rail Corporation, Respondent. (Appeal No. 1.)

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

July 16, 1993


Judgment unanimously reversed on the law and in the exercise of discretion without costs and new trial granted on damages only.

Memorandum:

While employed by defendant Consolidated Rail Corporation, plaintiff slipped and fell, allegedly sustaining serious injuries to his lower back. Following trial, the jury rendered a verdict finding both plaintiff and defendant negligent and apportioning liability equally. The jury found that plaintiff had sustained damages...

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