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GIRALDO v. ROSSBERG

297 A.D.2d 534 (2002)

747 N.Y.S.2d 78

SEGAL GIRALDO, Appellant, v. JULIUS ROSSBERG et al., Respondents.

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

Decided September 17, 2002.

The jury's verdict, which found that defendant driver was negligent in the operation of his vehicle but that such negligence was not a substantial factor in causing plaintiff's injuries, is not inconsistent and illogical. The issue of whether a defendant's negligence was a proximate cause of an accident is separate and distinct from the negligence determination (Ohdan v City of New York, 268 A.D.2d 86, 89, lv denied 95 N.Y...

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