HILTON v. BURKE REHAB. CTR.


73 A.D.2d 610 (1979)

Jean Hilton et al., Respondents, v. Burke Rehabilitation Center, Appellant

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

December 10, 1979


Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor a provision severing the cause of action on behalf of plaintiff Charles E. Hilton and granting a new trial with respect thereto, limited to the issue of damages only, unless said plaintiff serves and files in the office of the clerk of the trial court a...

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