ATL. BANK OF NEW YORK v. STRAMKA


79 A.D.2d 645 (1980)

Atlantic Bank of New York, as Administrator of The Estate of Anthony Fiorenza, Deceased, Respondent, v. Dennis Stramka et al., Appellants. (Action No. 1.) Beatrice Ortiz, Respondent, v. Mildred Stramka et al., Appellants. (Action No. 2.)

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

December 15, 1980


Judgment reversed insofar as appealed from, on the law, and new trial granted with respect to the issue of liability only, with costs to abide the event.

The verdict as to damages shall be held in abeyance pending the new trial and in the event plaintiffs are again successful, judgment shall be entered in their favor in the amounts previously awarded. There was no evidence adduced at trial which would support the applicability of the doctrine of last clear chance...

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