TROTTER v. JOHNSON


210 A.D.2d 946 (1994)

621 N.Y.S.2d 761

Milton Trotter, Appellant, v. Abraham Johnson et al., Respondents

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

December 23, 1994


Order unanimously reversed on the law without costs, motion granted and new trial granted.

Memorandum:

Supreme Court should have granted plaintiff's motion for a new trial. After summations and the court's charge, a verdict sheet containing five questions was submitted to the jury. Question No. 2 of that verdict sheet asked, "Was Defendant's [Thomas Johnson's] negligence a proximate cause of the accident?" Question No. 5 asked, "What was the percentage of...

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