HORNE v. METRO. TRANSIT AUTH.


82 A.D.2d 909 (1981)

William T. Horne, as Administrator of The Estate of Michael P. Horne, Deceased, Respondent-Appellant, v. Metropolitan Transit Authority, Defendant, Horn Construction Co., Inc., Respondent, and J. D. Posillico, Inc., Appellant-Respondent

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

June 29, 1981


Judgment modified, on the law, by deleting the first decretal paragraph thereof, which awarded plaintiff damages, and as between plaintiff and defendants Horn Construction Co., Inc., and J. D. Posillico, Inc., action severed and new trial granted limited to the issue of damages only unless plaintiff serves and files in the office of the clerk of the Supreme Court, Nassau County, a written stipulation consenting to reduce the damage award in his favor to $50,000, which shall...

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