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PAUS v. 565 EQUITIES, INC.

Index No. 160824/15. Appeal No. 46. Case No. 2022-03164.

215 A.D.3d 495 (2023)

188 N.Y.S.3d 23

2023 NY Slip Op 01964

Bettina Paus, Appellant, v. 565 Equities, Inc., et al., Respondents, et al., Defendant.

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

Decided April 18, 2023.

Attorney(s) appearing for the Case

Kramer, Dillof, Livingston & Moore, New York ( Matthew Gaier of counsel), for appellant.

Gallo Vitucci Klar LLP, New York ( C. Briggs Johnson of counsel), for respondents.

Concur—Webber, J.P., Singh, Scarpulla, Rodriguez, JJ.

Judgment, Supreme Court, New York County (Nancy M. Bannon, J.), entered June 27, 2022, upon a jury verdict in favor of defendants 565 Equities, Inc. and Tudor Realty Services Corp., unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a new trial.

Although the court declined to employ the exact verbiage suggested by plaintiff, the jury charge on negligence was appropriate, with the court properly modifying PJI 2:90 to...

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