SOTTOSANTI v. SLAFF


17 A.D.2d 801 (1962)

Santo Sottosanti, Respondent, v. Fred Slaff et al., Appellants

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

October 23, 1962


Judgment in favor of plaintiff unanimously reversed, on the law and in the exercise of discretion and a new trial ordered, with costs to abide the event.

The reading of the bill of particulars to the jury was prejudicial to the defendant and constituted reversible error. The defendant was entitled to have the quantum of damages determined by the jury based upon the proof adduced rather than by what was alleged in the bill...

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