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214 A.D.2d 642

Felice v. Karabag

Appellate Division of the Supreme Court of the State of New York · decided 1995-04-17

Cited by 3 later decisions — most recently February 2006

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1995-04-17

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¶1In a negligence action to recover damages for personal injuries, etc., the plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County (Cohalan, J.), entered March 23, 1992, as (1) upon granting the trial motion of the defendant Carolyn Mulderig at the close of the plaintiff’s case, dismissed her complaint against the defendant Carolyn Mulderig, and (2) upon a jury verdict, apportioned 1% of the fault in the happening of the accident to the defendant Ejder Karabag and 99% of the fault to the plaintiff’s decedent.

¶2Ordered that the judgment is affirmed insofar as appealed from; and it is further,

¶3Ordered that the defendants are awarded one bill of costs.

¶4Under the circumstances, the plaintiff’s complaint against the defendant Carolyn Mulderig was properly dismissed. In addition, the jury’s apportionment of fault between the plaintiff’s decedent and the defendant Ejder Karabag was not against the weight of the evidence (see, Nicastro v Park, 113 AD2d 129, 134).

¶5We have considered the plaintiff’s remaining contentions and find that they do not require reversal. Ritter, J. P., Altman, Hart and Goldstein, JJ., concur.

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