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VITENKO v. CITY OF NEW YORK

2018-11032. Index No. 150426/13.

210 A.D.3d 931 (2022)

179 N.Y.S.3d 134

2022 NY Slip Op 06515

Malvina Vitenko, Appellant-Respondent, v. City of New York et al., Respondents-Appellants.

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

Decided November 16, 2022.

Attorney(s) appearing for the Case

Alonso Krangle LLP ( Andres F. Alonso and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren E. Bryant ], of counsel), for appellant-respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Fay Ng , Lorenzo Di Silvio , and Claude S. Platton of counsel), for respondents-appellants.

Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.

In an action, inter alia, to recover damages for negligence and wrongful death, the plaintiff appeals, and the defendants cross-appeal, from a judgment of the Supreme Court, Richmond County (Orlando Marrazzo, Jr., J.), dated July 6, 2018. The judgment, insofar as appealed from, upon a jury verdict on the issue of liability finding the defendants 70% at fault in the happening of the accident and the plaintiff's decedent 30% at fault, upon a jury verdict on the issue of damages...

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