WASHINGTON v. ATENCO

9313, 300713/07, 9314.

103 A.D.3d 529 (2013)

959 N.Y.S.2d 437

2013 NY Slip Op 1160

EUGENE WASHINGTON et al., Respondents, v. FAUSTO ATENCO et al., Appellants.

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

February 21, 2013.


Judgment, Supreme Court, Bronx County (Julia Rodriguez, J.), entered August 16, 2011, upon a jury verdict, in plaintiffs' favor, unanimously affirmed, without costs. Order, same court and Justice, entered January 10, 2012, which denied defendants' motion to set aside the verdict or order a new trial, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Although the court should have given a proximate cause charge, defendants failed to...

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