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PHILLIPS v. CITY OF NEW YORK

79 A.D.2d 704 (1980)

Lewis Phillips, Respondent-Appellant, v. City of New York, Appellant-Respondent, et al., Defendants

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

December 29, 1980

Judgment reversed, on the law, without costs or disbursements, and, as between plaintiff and the defendant city, action severed and new trial granted with respect to the issue of damages on the cause of action for the October 29, 1972 assault, unless within 20 days after service upon plaintiff of a copy of the order to be made hereon, together with notice of entry thereof, plaintiff shall serve and file in the office of the clerk...

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