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McCONNELL v. SANTANA

2009-01526.

77 A.D.3d 635 (2010)

909 N.Y.S.2d 86

GERALDINE CARR McCONNELL, Individually and as Administrator of the Estate of GEREMY McCONNELL, Deceased, Respondent, v. HIRAM SANTANA et al., Appellants.

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

Decided October 5, 2010.

Ordered that the judgment is reversed, on the law and the facts, with costs, that branch of the defendants' motion pursuant to CPLR 4404 (a) which was to set aside the jury verdict finding that the plaintiff's decedent was negligent but that his negligence was not a substantial factor in causing the accident is granted, and the matter is remitted to the Supreme Court, Richmond County, for a new trial solely on the issues of whether...

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