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WHALEN v. KAWASAKI MOTORS CORP.

242 A.D.2d 919 (1997)

662 N.Y.S.2d 339

Robert M. Whalen, Respondent, v. Kawasaki Motors Corp., U.S.A., et al., Defendants, and Robinson Cycle Sales, Inc., Appellant. (Appeal No. 1.)

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

September 30, 1997

Judgment unanimously reversed on the law without costs, motion granted and judgment ordered in accordance with the following Memorandum: Defendant Robinson Cycle Sales, Inc. (Robinson), appeals from a judgment awarding plaintiff $196,747.04 based on a jury verdict finding that plaintiff had sustained damages of $2,415,000 as a result of an ATV accident; that plaintiff was 92% at fault; and that Robinson, the retailer of the ATV, was liable in the amount of $193,000. In appealing...

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