LYONS v. MAKENZIE


35 A.D.2d 823 (1970)

George E. Lyons, Plaintiff, and Doris Lyons, Appellant, v. Kevin Makenzie, Respondent

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

November 16, 1970


Order reversed, on the law, and motion granted to the extent that, as between plaintiff Doris Lyons and defendant, a new trial is granted upon the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, defendant serves and files in the office of the clerk of the trial court a written stipulation consenting to increase the verdict in her favor to $4,000, in which event the order is affirmed, with costs to appellant...

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