Ann Leyva v. Abraham Levy

[120 A.D.2d 444 Page 444] Consolidated appeals, by order of this court, entered October 31, 1985, from an interlocutory judgment, Supreme Court, Bronx County (Irwin M. Silbowitz, J.), entered December 7, 1984, after a jury trial on the issue of liability, upon a verdict in favor of plaintiffs which found: (a) defendant Abraham Levy, public administrator of the estate of James R. Richardson (Administrator Levy) to be 75% negligent, (b) plaintiff in action No. 1 and defendant in actions Nos. 2 and 3, Ann Leyva, as administratrix of the estate of Gustavo E. Leyva (Administratrix Ann Leyva) and defendant Drah Cab Corporation (Drah Cab) together to be 15% negligent, and (c) defendant the City of New York (City) to be 10% negligent, and, thereafter, the trial court: (a) granted the City's motion to set aside the verdict of 10% liability against it, and (b) then reapportioned the subject 10% liability among defendant Mr. Richardson's estate, Mr. Leyva's estate which is the plaintiff in action No. 1 and defendant in actions Nos. 2 and 3, and Drah Cab, so as to increase the liability of Mr. Richardson's estate from 75% to 83%, and to increase the liability of Mr. Leyva's estate and Drah Cab from 15% to 17%, is modified, on the law and the facts, without costs, to order a new trial on the apportionment of the subject 10% liability only among the estates of Mr. Richardson and Mr. Leyva and Drah Cab, [120 A.D.2d 444 Page 445]