Appellate Division of the Supreme Court of the State of New York October 5, 2010 (McConnell v. Santana)

In an action, inter alia, to recover damages for wrongful death, etc., the defendants appeal from a judgment of the Supreme Court, Richmond County (Giacobbe, J.), dated December 2, 2008, which, upon a jury verdict finding that the defendant Hiram Santana was negligent and that his negligence was a substantial factor in causing the accident, and that the plaintiffs decedent was negligent but that