Elvis Gotoy, Respondent, v. City of New York, et al., Appellants, et al., Defendant.

ELVIS GOTOY, RESPONDENT, v. CITY OF NEW YORK, ET AL., APPELLANTS, ET AL., DEFENDANT.

94 N.Y.2d 812 (1999).
November 23, 1999

2 No. 189

[99 NY Int. 0158]
Decided November 23, 1999

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Jane L. Gordon, for appellants.
Martin S. Rothman, for respondent.

MEMORANDUM:

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

Order reversed, with costs, and a new trial granted, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Decided November 23, 1999

ELVIS GOTOY, RESPONDENT, v. CITY OF NEW YORK, ET AL., APPELLANTS, ET AL., DEFENDANT.

94 N.Y.2d 812 (1999). November 23, 1999

94 N.Y.2d 812 (1999).
November 23, 1999