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VZGA v. FORREST

10 A.D.2d 604 (1960)

Mamie Vzga, Respondent, v. Phoebe Forrest, Appellant

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

January 15, 1960

Order modified to provide a new trial on all issues and as modified affirmed, with $10 costs and disbursements to plaintiff-respondent.

Memorandum:

The order improperly limited the scope of the new trial by providing for trial of only the issue of the amount of damages. The order should have provided for trial of all of the issues. (See Schroeder v. Syracuse Tr. Corp., 9 A.D.2d 1012

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