Appellate Division of the Supreme Court of New York, 1999

Bahadur v. G. C. Construction Corp.

Bahadur v. G. C. Construction Corp.
Appellate Division of the Supreme Court of New York · Decided October 25, 1999
265 A.D.2d 514; 696 N.Y.S.2d 877; 1999 N.Y. App. Div. LEXIS 10769
Bahadur v. G. C. Construction Corp.

Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Friedman, J.), entered June 3, 1998, which, upon a jury verdict, is in favor of the plaintiffs and against it in the principal sum of $500,000.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, and a new trial is granted, with costs to abide the event.

*515In the instant case, “[t]he jury’s initial finding that [the injured plaintiffs] negligence was not [a] proximate cause of the accident was inconsistent with the finding that [he] was [30%] at fault” (Cortes v Edoo, 228 AD2d 463, 465). The trial court did not err iñ instructing the jury to further consider its answers and verdict (see, CPLR 4111 [c]; cf., Cortes v Edoo, supra).

We agree with the appellant that under the circumstances of this case, the jury’s finding that the injured plaintiff was negligent, but that such negligence was not a proximate cause of the accident, was against the weight of the evidence (see, Nicastro v Park, 113 AD2d 129, 134; see also, Stanton v Gasport View Dairy Farm, 244 AD2d 893). Thus, a new trial is granted. Mangano, P. J., Ritter, Joy, McGinity and Smith, JJ., concur.

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