KELLY v. TARNOWSKI


213 A.D.2d 1054 (1995)

624 N.Y.S.2d 504

Michael Kelly, Respondent, v. Alan Tarnowski, Appellant

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

March 17, 1995


Order and judgment unanimously reversed in the exercise of discretion without costs and new trial granted.

Memorandum:

City Court erred in its instruction on comparative negligence in this personal injury action. The example provided by the court to illustrate the method for assigning percentages of fault was confusing and mathematically incorrect. The court also erred in adding an instruction for "Damages for Shock and Fright and Physical Consequences Thereof...

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