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PAVLOU v. CITY OF NY

21 A.D.3d 74 (2005)

797 N.Y.S.2d 478

NICK PAVLOU et al., Respondents-Appellants, v. CITY OF NEW YORK, Appellant-Respondent and Third-Party Plaintiff, et al., Defendant and Third-Party Plaintiff. FELIX INDUSTRIES, INC., Third-Party Defendant-Appellant. (And Another Action.)

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

June 23, 2005.

Attorney(s) appearing for the Case

Quirk & Bakalor, P.C., New York City (Timothy J. Keane of counsel), for City of New York, appellant-respondent.

Lester Schwab Katz & Dwyer, LLP, New York City (John Sandercock and Carl Schaerf of counsel), for Felix Industries, Inc., appellant.

Levine & Grossman, Mineola (Michael B. Grossman of counsel), for respondents-appellants.

TOM and MARLOW, JJ., concur with BUCKLEY, P.J.; ANDRIAS and SAXE, JJ., dissent in a separate opinion by SAXE, J.

OPINION OF THE COURT

BUCKLEY, J.

This case presents, inter alia, an attempted jury nullification in the civil context.

The factual findings of the jury, as reflected on the verdict sheet, were: (1) the Industrial Code was violated, the violation constituted negligence, but the negligent violation was not a substantial factor in causing plaintiff's injury; (2) the crane was not defectively designed...

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