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MALKIN v. WRIGHT

64 A.D.2d 569 (1978)

Nancy Malkin, Respondent, v. Anne Wright, Defendant, and Martin J. Feierman, Appellant

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

July 18, 1978

On March 9, 1976, a jury returned a verdict in favor of plaintiff against both defendants on the issue of liability in this bifurcated trial. The case was then set down for trial of damages. Instead of proceeding to trial, plaintiff moved to increase the ad damnum from $200,000 to $1,000,000; the motion was denied. Plaintiff took an appeal and obtained a stay of the assessment of damages pending the appeal. This court affirmed...

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