KOPOLOVITCH v. 200 WATER SPE LLC

Index No. 101493/12. Appeal No. 13708. Case No. 2019-04742.

193 A.D.3d 648 (2021)

148 N.Y.S.3d 74

2021 NY Slip Op 02603

Janet Kopolovitch, Appellant, v. 200 Water SPE LLC et al., Respondents.

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

Decided April 29, 2021.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Paul H. Seidenstock of counsel), for appellant.

Dorf & Nelson LLP, Rye ( Stephanie K. McDougall of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.


Plaintiff's arguments regarding defendants' use of certain photographs are not persuasive given the court's swift and precise curative instruction (see Martelly v New York City Health & Hosps. Corp., 276 A.D.2d 373, 373 [1st Dept 2000]), and the jury's apportionment of 90% fault to plaintiff and 10% fault to defendants was not against the weight of the evidence (see generally CPLR 4404[a]; Bun Sin Lee v Pathmark Stores...

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