BUTCHER v. ROTTERDAM SQUARE MALL


268 A.D.2d 941 (2000)

702 N.Y.S.2d 681

TERRY BUTCHER, Respondent, v. ROTTERDAM SQUARE MALL et al., Appellants. (And a Third-Party Action.)

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

Decided January 27, 2000.


Crew III, J.

On March 4, 1994, plaintiff suffered a tear in the rotator cuff of his right shoulder when he fell on ice at defendant Rotterdam Square Mall in the Town of Rotterdam, Schenectady County. As a consequence, plaintiff commenced the instant negligence action and, following a jury trial, a verdict was rendered finding Rotterdam Square Mall 70% liable and plaintiff 30% liable for plaintiff's injury. The jury awarded plaintiff monetary damages for his medical...

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