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Montgomery Effinger, a partner at O'Connor, McGuinness, Conte, Doyle & Oleson, writes that for general negligence cases, outside of those involving recreational activity, there exists an uneasy tension between the all-or-nothing demand for dismissal on the basis of plaintiff's heedless conduct and the principles of comparative negligence. Nevertheless, the courts of New York still resort to common-law tools to deprive those who exhibit extraordinary misbehavior of their day in court.
February 27, 2008 at 12:00 AM
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