DE FINA v. M. A. HITTNER & SONS, INC.


33 A.D.2d 1005 (1970)

Joseph De Fina, Respondent, v. M. A. Hittner & Sons, Inc., et al., Appellants

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

February 10, 1970


Judgment entered June 20, 1969, unanimously reversed on the law and the facts and a new trial on the issue of damages only ordered, with $50 costs and disbursements to abide the event.

In this personal injury action we find the jury's conclusion, as reflected in the size of the verdict, to be against the weight of the credible evidence. Plaintiff's medical expert, after his examination of the plaintiff, rendered a report in which he stated that the condition from...

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