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De VITO v. KNETTEL

32 Misc.2d 656 (1961)

Joseph De Vito, Appellant, v. William Knettel, Respondent.

Supreme Court, Appellate Term, Second Department.

May 23, 1961

Attorney(s) appearing for the Case

Jules B. St. Germain for appellant. John E. Morris and Louis M. Schachter for respondent.

Concur — DI GIOVANNA, BENJAMIN and DALY, JJ.

Per Curiam.

The purported verdict was recorded as follows: "The jury believes there was negligence on both sides but the greater negligence was contributed by Mr. Knettel, therefore awarding Mr. De Vito the sum of $750." The foregoing does not constitute a general verdict within the meaning of section 458 of the Civil Practice Act and the court should have directed the jury to return for further deliberation and bring in a proper verdict. (Conrey v. Metropolitan...

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