SYKES v. ROTH

Motion No. M-4737.

101 A.D.3d 1673 (2012)

956 N.Y.S.2d 758

2012 NY Slip Op 8949

TIANA SYKES, Appellant-Respondent, v. STAN ROTH, Respondent-Appellant.

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

December 21, 2012.


It is hereby ordered that said cross appeal is unanimously dismissed and the order is modified on the law by granting the cross motion in part and dismissing the second and third affirmative defenses insofar as they allege that plaintiff failed to mitigate her damages prior to the time she could be held responsible for her actions and that plaintiff's mother was negligent and the order is otherwise affirmed.

Memorandum: Plaintiff commenced this personal injury action...

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