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SICHLER v. CITY OF NEW YORK

266 A.D.2d 129 (1999)

698 N.Y.S.2d 484

JAMES SICHLER et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided November 30, 1999.

The evidence provided ample basis for the jury to conclude that defendant did not breach a statutory duty and was not otherwise liable for plaintiffs' injury. Any error in charging the jury on comparative negligence in this action, brought pursuant to General Municipal Law § 205-e, was harmless (see, CPLR 2002), since the jury never reached the issue of comparative...

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