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CRISAFULLI v. STATE

66 A.D.2d 1009 (1978)

Joseph Crisafulli et al., Respondents, v. State of New York, Appellant. (Appeal No. 1.) (Claim No. 50384.)

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

December 15, 1978

Judgment unanimously affirmed, with one bill of costs to all claimants.

Memorandum:

We reject the State's contention that the retrial was limited by this court's prior decision to questions of the elevations of the various areas involved (see Crisafulli v State of New York, 41 A.D.2d 695). "In the absence of an express direction for a limited trial, the granting of a new trial should be construed to require a new...

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