GAWLICK v. CHEM. LEAMAN TANK LINES, INC.


35 A.D.2d 772 (1970)

Charles Gawlick, Appellant, v. Chemical Leaman Tank Lines, Inc., Respondent, et al., Defendant

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

October 29, 1970


Order unanimously modified by limiting the new trial to the issue of damages, and otherwise affirmed, with costs to plaintiff.

Memorandum:

The Trial Justice set aside the verdict for plaintiff in the sum of $54,166 and ordered a new trial of the issues of liability and damages unless plaintiff should accept a reduction of the verdict to the sum of $10,000. Plaintiff refused to accept such reduction, and on this appeal argues that the verdict should be reinstated...

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