MARINELLI v. CITY OF NEW YORK


35 A.D.2d 959 (1970)

Victor Marinelli, Respondent, v. City of New York, Appellant

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

December 7, 1970


Judgment reversed, on the law, and new trial granted on the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, plaintiff serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $50,000, and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended is affirmed, without costs.

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