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Gotoy v. City of New York

723 N.E.2d 70, 94 N.Y.2d 812, 701 N.Y.S.2d 321, 1999 N.Y. LEXIS 3736
New York Court of Appeals·Decided November 23, 1999·Published·Cited by 5 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and a new trial granted, for reasons stated by the dis[814] senters, to the extent that they concluded that the trial court erred in refusing to instruct the jury as to any alleged comparative negligence on plaintiffs part. The police officer’s testimony regarding plaintiffs alleged failure to follow safety instructions created a question of fact as to plaintiffs comparative fault, which should have been submitted to the jury for its consideration.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur in memorandum.

Order reversed, etc.

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Gotoy v. City of New York, 723 N.E.2d 70, 94 N.Y.2d 812, 701 N.Y.S.2d 321, 1999 N.Y. LEXIS 3736 (N.Y. 1999).

723 N.E.2d 70 (Gotoy v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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