KANE v. McCABE


60 A.D.2d 906 (1978)

Frieda Kane, Appellant, v. Kathleen McCabe, Respondent

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

January 30, 1978


Judgment reversed, on the law, and new trial granted limited solely to the issue of damages, with costs to abide the event.

In our opinion, the verdict is ambiguous as a matter of law, and the trial court should have acceded to plaintiff's request that the jury be questioned as to what it intended its verdict to mean. Although the wording of the verdict suggests that the jury intended that plaintiff have the full $10,000 and not merely 35% of $10,000, and that it...

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