McCARTHY v. 390 TOWER ASSOCIATES, LLC


32 A.D.3d 752 (2006)

820 N.Y.S.2d 798

THERESA McCARTHY, Respondent, v. 390 TOWER ASSOCIATES, LLC, et al., Respondents, and UNISUL, INC., Appellant, et al., Defendants.

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

September 21, 2006.


The jury's finding that plaintiff's negligence was not a substantial factor in causing her injuries is not against the weight of the evidence. We find no reversible error in the trial court's evidentiary rulings challenged on appeal. However, because Unisul was found to be less than 50% at fault, the award of indemnification against it, for Tower's and Structure Tone's vicarious liability under Labor Law § 241 (6), must be limited to its own 35% share of fault (see...

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