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GRINNELL v. CITY OF NEW YORK

244 A.D.2d 171 (1997)

663 N.Y.S.2d 844

James Grinnell et al., Respondents-Appellants, v. City of New York, Appellant-Respondent

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

November 6, 1997

The trial court properly declined to charge apportionment because there was insufficient evidence for the jury to determine which specific cause contributed to which separate injury (cf., Ravo v Rogatnick, 70 N.Y.2d 305, 312). Although it was error for the trial court to predetermine the award of medical expenses by filling in the amount on the interrogatory submitted to the jury, the error was unpreserved by objection, and...

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