POGOZELSKI v. DUNK


28 A.D.2d 901 (1967)

John F. Pogozelski, Jr., Respondent, v. Milam Dunk et al., Appellants

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

July 10, 1967


The interlocutory judgment, entered December 5, 1966, is affirmed, without costs.

The final judgment is reversed on the facts and a new trial granted limited to the question of damages, with costs to abide the event, unless, within 30 days after the entry of order hereon, the plaintiff shall serve and file a written stipulation consenting to reduce the amount of the verdict in his favor against the defendants from $50,000 to $30,000 and to the entry of an amended...

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