Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.
The plaintiff allegedly sustained injuries when she tripped and fell on a sidewalk on New Year's Day 1990. After a bifurcated trial, the jury found the defendant to be 53% at fault in the happening of the accident and the plaintiff to be 47% at fault. At the damages phase of the trial, the plaintiff testified that she visited a hospital emergency room two days after the...
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