CAPUTO v. CRADLE


111 Misc.2d 242 (1981)

Stephen Caputo, Plaintiff, v. David Cradle, Defendant.

County Court, Nassau County.

October 9, 1981


Attorney(s) appearing for the Case

McCabe, Nicolini & Paradise (R. Bruce Cozzens, Jr., of counsel), for defendant. Stanley M. Nagler and Gerald J. Neufeld for plaintiff.


PATRICIA D. COLLINS, J.

This is the court's decision on the motion.

This trial has been conducted as a split trial; that is, the jury has first determined the issue of liability and found 100% in favor of the plaintiff, and have now to consider the issue of damages.

Counsel for the defendant moves at the end of plaintiff's case to dismiss the complaint for having failed to make a prima facie case in that defendant states there has been...

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