BORTEL v. BURKE


207 A.D.2d 981 (1994)

617 N.Y.S.2d 609

David C. Bortel et al., Appellants, v. Matthew M. Burke et al., Respondents. (Appeal No. 1.)

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

September 30, 1994


Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on damages only to plaintiff David C. Bortel in accordance with the following Memorandum: We reject the contentions of plaintiffs that they were deprived of a fair trial by defense counsel's comments on summation, that Supreme Court erred in admitting certain medical records of plaintiff David C. Bortel, that the jury's apportionment of liability between the parties is against...

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