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SAMUELS v. CITY OF NY

7 Misc.3d 68 (2005)

795 N.Y.S.2d 814

MELANIE SAMUELS, Respondent, v. CITY OF NEW YORK, Appellant.

Supreme Court, Appellate Term, Second Department.

February 2, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath and Cheryl Payer of counsel), for appellant.

Michelle S. Russo, P.C., Rockville Centre, for respondent.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed without costs, interlocutory judgment determining defendant to be 100% liable, entered pursuant to an order granting plaintiff's motion to set aside the jury verdict, vacated, jury verdict apportioning liability 65% to defendant and 35% to plaintiff reinstated, and entry of judgment directed in accordance...

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