DAVIS v. NEW YORK CITY HOUSING AUTHORITY


3 A.D.3d 356 (2004)

769 N.Y.S.2d 897

JIMMY LEE DAVIS, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

January 13, 2004.


The action is for personal injuries allegedly caused by defendant premises owner's negligent failure to maintain a staircase. Answering interrogatories, the jury found that plaintiff's comparative negligence was not a substantial factor in causing his fall but nevertheless, in the next interrogatory, apportioned fault 25% against him. Based on this inconsistency, Justice Emanuelli declared a mistrial, rejecting plaintiff's request to resubmit the case to the jury for further...

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