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DININO v. D.A.T. CONSTRUCTION CORP.

267 A.D.2d 148 (1999)

700 N.Y.S.2d 24

LOUIS DININO et al., Respondents, v. D.A.T. CONSTRUCTION CORP., Defendant, and LARRY A. SILVERSTEIN et al., Appellants and Third-Party Plaintiffs-Appellants-Respondents. AMBASSADOR CONSTRUCTION CO., Third-Party Defendant-Respondent-Appellant. LARRY A. SILVERSTEIN et al., Second Third-Party Plaintiffs-Appellants-Respondents, v. IRVESS CONSTRUCTION CORP., Second Third-Party Defendant-Respondent-Appellant.

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

Decided December 21, 1999.

The trial court's determination to set aside the verdict pursuant to CPLR 4404 (a) was appropriate in view of the court's finding that the jury had been "thoroughly confused by the multiplicity of parties and the conflicting burdens of proof associated with a vicarious strict liability statute, Labor Law § 240, and a common law codification of negligence, Labor Law § 200" (see, Sreedharan v Bronx Westchester Radiology...

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