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GOTOY v. CITY OF NEW YORK

94 N.Y.2d 812 (1999)

723 N.E.2d 70

701 N.Y.S.2d 321

ELVIS GOTOY, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 23, 1999.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Jane L. Gordon and Edward F. X. Hart of counsel), for appellants.

Seligson, Rothman & Rothman, New York City (Martin S. Rothman and Alyne I. Diamond of counsel), and Gallin & Newman, P. C., Bronx (Philip Newman of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial granted, for reasons stated by the dissenters, to the extent that they concluded that the trial court erred in refusing to instruct the jury as to any alleged comparative negligence on plaintiff's part. The police officer's testimony regarding plaintiff's alleged failure to follow safety instructions...

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