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TOYOS v. CITY OF NEW YORK

54 A.D.3d 628 (2008)

864 N.Y.S.2d 417

SYLVIA TOYOS, as Executrix of MARIA H. CUEVAS, Deceased, et al., Respondents-Appellants, v. CITY OF NEW YORK, Appellant-Respondent, et al., Defendants.

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

September 25, 2008.

On a prior appeal in this action arising out of a motor vehicle accident, this Court affirmed the trial court's decision granting plaintiffs' motion to set aside the verdict and directing a new trial unless defendant City agreed to accept 15% of the responsibility for plaintiffs' injuries. (304 A.D.2d 319 [2003]). We concluded that the evidence supported "the jury's finding that plaintiffs sustained their injuries in a collision caused...

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