ALASCIA v. THIRD AVE. TRANSIT CORP.


282 A.D. 1028 (1953)

Anna Alascia et al., Appellants, v. Third Avenue Transit Corp. et al., Respondents, et al., Defendants

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

December 8, 1953.


As defendants have admitted liability in these consolidated actions, the delay in making the motion to restore the case to the calendar after the verdict of the jury had been set aside for excessiveness should not operate to their prejudice if they are called upon to respond in damages only to the extent of the amounts fixed by the Trial Judge when he set aside the verdict of the jury. Accordingly, the order appealed from is affirmed upon condition that the Home Siphon Filling...

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