KIM v. 40TH ASSOCIATES


306 A.D.2d 220 (2003)

762 N.Y.S.2d 600

KYE YONG KIM et al., Respondents, v. 40TH ASSOCIATES et al., Appellants, et al., Defendants.

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

Decided June 26, 2003.


Inasmuch as there was no evidence rationally supportive of the conclusion that plaintiff's accident was in any measure attributable to nonstatutory negligence on the part of defendants owner and managing agent, that portion of judgment finding them 10% at fault must be vacated (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]). It is plain that neither of those defendants had the...

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