LAVECK v. LAYTON


248 A.D.2d 969 (1998)

670 N.Y.S.2d 158

Amy Laveck, Respondent, v. Brent Layton, Appellant. (Appeal No. 2.)

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

March 13, 1998


Judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted plaintiff's motion to set aside the verdict on liability, directed a verdict in plaintiff's favor on the issue of proximate cause and ordered a new trial on damages. The proof established that plaintiff's leg was cut by an X-Acto knife that protruded from defendant's backpack. Defendant testified that, when he placed the X-Acto knife in an outer compartment of his backpack...

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