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ARMOCIDA v. MISITI

43 A.D.2d 858 (1974)

Mario Armocida et al., Appellants, v. Guglielmo Misiti, Respondent-Appellant, and Rosario Battaglia, Respondent

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

January 28, 1974

Judgment reversed, on the law and in the interest of justice, and new trial granted upon plaintiffs' complaint against both defendants and upon defendant Misiti's cross claim against defendant Battaglia, the new trial to include the issues of liability, damages and indemnification, with costs to abide the event.

No questions of fact were raised on this appeal and none were considered. In our opinion the jury may have become...

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