RUSSO v. CITY OF NEW YORK


39 A.D.2d 560 (1972)

Joseph Russo et al., Respondents, v. City of New York et al., Appellants, and Maurice Elovitz et al., Defendants

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

April 10, 1972


Judgment reversed on the facts and a new trial granted limited to the issue of damages, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, plaintiff Joseph Russo shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $45,000 and to the entry of an amended judgment in accordance therewith, and plaintiff Marie Russo shall similarly serve and file...

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