VACCARINO v. BUNTZIS


9 A.D.2d 959 (1959)

Robert Vaccarino, Respondent, v. Benjamin Buntzis, Defendant, and Bay Service Station, Inc., Appellant

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

December 31, 1959


Judgment insofar as appealed from reversed, action severed, and a new trial granted on the issues raised by the complaint and appellant's answer thereto, with costs to abide the event, unless respondent, within 10 days after the entry of the order hereon, stipulate to reduce the amount of the verdict in his favor from $50,000 to $30,000, in which event, the judgment insofar as appealed from, as so reduced, is affirmed, without costs.

In our opinion, the verdict in...

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