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BAHADUR v. G. C. CONSTRUCTION CORP.

265 A.D.2d 514 (1999)

696 N.Y.S.2d 877

JAMES BAHADUR et al., Respondents, v. G. C. CONSTRUCTION CORP., Appellant.

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

Decided October 25, 1999.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, and a new trial is granted, with costs to abide the event.

In the instant case, "[t]he jury's initial finding that [the injured plaintiff's] negligence was not [a] proximate cause of the accident was inconsistent with the finding that [he] was [30%] at fault" (Cortes v Edoo, 228 A.D.2d 463, 465)...

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