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ADDAMO v. SCATURRO

41 Misc.2d 60 (1963)

Joseph Addamo, Plaintiff, v. Charles Scaturro, Doing Business as Scaturro Food Stores, Defendant.

Civil Court of the City of New York, Kings County.

December 5, 1963

Attorney(s) appearing for the Case

De Costanzo, Klonsky & Sergi (Jack Martin of counsel), for plaintiff. George J. Conway and Francis J. Heneghan for defendant.

MARK A. COSTANTINO, J.

In this negligence action the plaintiff is seeking an additional allowance pursuant to section 8303 (subd. [a], par. 2) of the Civil Practice Law and Rules because of the difficulty encountered in this litigation.

The case was tried twice. The first trial was held in November, 1962, consumed three court days and resulted in a jury disagreement. The second trial was held in September, 1963, consumed five days and a verdict...

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