WILLIAMS v. HEARBURG


245 A.D.2d 794 (1997)

665 N.Y.S.2d 760

Peter S. Williams, Appellant, v. Scott Hearburg, Individually and Doing Business as McDonald's Restaurant, et al., Respondents

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

December 11, 1997


White, J.

At the conclusion of the trial of this negligence action, the jury apportioned liability at 85% for plaintiff and 15% for defendants and awarded plaintiff $47,500, including $40,000 for lost wages. Defendants paid the resulting $9,476.65 judgment and obtained a satisfaction of judgment from plaintiff. Plaintiff now appeals.

Inasmuch as the general rule is that a party may not appeal where...

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