BOOTHE v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

1738, 23462/01

68 A.D.3d 513 (2009)

2009 NY Slip Op 9162

890 N.Y.S.2d 54

MARVA BOOTHE, Respondent-Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants-Respondents, et al., Defendants.

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

Decided December 10, 2009.


In the course of deliberations, the jury advised the trial court that it had finished its deliberations and reached a verdict. In fact, it had failed to respond to two of the special interrogatories in support of a general verdict; one concerning whether the bus driver's negligence was a substantial factor in causing the accident, and the other apportioning fault among defendants. Without fully informing counsel of the specific omissions and without making a record, the court...

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