McGORRY v. MADISON SQUARE GARDEN CORPORATION


4 A.D.3d 264 (2004)

771 N.Y.S.2d 885

MICHAEL P. McGORRY et al., Appellants, v. MADISON SQUARE GARDEN CORPORATION, Respondent.

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

February 26, 2004.


Plaintiff McGorry was injured when he slipped and fell on a wet and sticky floor as he left a bar area at Madison Square Garden. Although an issue of comparative negligence was plainly presented, we find, based on our review of the trial record, that the jury's apportionment of 80% of fault against plaintiff was against the weight of the evidence. We therefore remand for a new trial on the issue of comparative negligence, unless defendant stipulates to a reapportionment of...

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