SAUNDERS v. KLINE


53 N.Y.2d 658 (1981)

John C. Saunders, Respondent-Appellant, v. Nathan S. Kline, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided March 26, 1981.


Attorney(s) appearing for the Case

Stephen A. Weinstein for respondent-appellant.

Sidney Dickstein, Charles W. Saber and Richard P. Perrin for appellant-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be modified to strike that portion of the order which awarded costs to the plaintiff in the trial court, and, as so modified, affirmed, with costs to the plaintiff on this appeal.

We agree with the Appellate Division, for the reasons stated in the memorandum of that court that the trial court erred in setting aside the jury verdict. We note, however, that the...

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