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BAPTISTE v. RLP-EAST, LLC

10851N.

182 A.D.3d 444 (2020)

122 N.Y.S.3d 292

2020 NY Slip Op 02238

Cleofoster Baptiste, Respondent, v. RLP-East, LLC, et al., Appellants.

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

Decided April 9, 2020.

It was error for the trial court to submit to the jury a special verdict sheet which combined all liability claims together, making it impossible to determine on which claim or claims the jury found in favor of plaintiff (see Herbert H. Post & Co. v Sidney Bitterman, Inc., 219 A.D.2d 214, 223 [1st Dept 1996]). The single combined question makes it theoretically possible that the jury...

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