HERRMANN v. FITZPATRICK


41 A.D.2d 770 (1973)

Richard Herrmann et al., Respondents, v. Paul Fitzpatrick, Appellant, and Douglas Whelan, Defendant

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

March 26, 1973


Judgment modified, on the law, by (1) deleting the figure "$5,500.00" in the second decretal paragraph thereof and substituting therefor the figure "$500" (the latter representing the amount of the jury award to Richard Herrmann for his personal injuries [first cause of action]), and (2) striking therefrom the first decretal paragraph and adding thereto a provision granting a new trial as to Betty Herrmann's personal injury cause of action and Richard Herrmann's derivative...

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