GOLDBERG v. ELKOM CO., INC.


47 A.D.2d 539 (1975)

Martin Goldberg et al., Appellants, v. Elkom Co., Inc., et al., Defendants, and Alan Rapoport, Respondent

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

January 20, 1975


Judgment reversed insofar as appealed from, on the law, with costs, and, as between plaintiffs and defendant Rapoport, action severed and new trial granted on the issue of damages.

The appeal presented no questions of fact. The action arose out of an automobile accident. The jury found that defendant Rapoport was liable to plaintiffs following the first stage of bifurcated trial. However, the same jury found for Rapoport on the issue of damages. With regard to that...

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