WISHART v. ANDRESS


46 A.D.2d 998 (1974)

James R. Wishart, Sr., as Administrator of The Estate of James R. Wishart, Deceased, Respondent, v. Ronald M. Andress et al., Defendants; Susan M. Kratzke et al., Appellants, and Village of Depew, Respondent

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

December 12, 1974


Judgment unanimously reversed, on the law, and new trial granted with respect to 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 shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $30,000 and the apportioned sums to $21,000 for the County of Erie, $3,000 for defendants Andress and $6,000 for defendants Kratzke and...

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