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GREEN v. CITY OF NEW YORK

115 Misc.2d 853 (1982)

Sylvia Green et al., Plaintiffs, v. City of New York et al., Defendants.

Civil Court of the City of New York, Queens County.

August 4, 1982

Attorney(s) appearing for the Case

Pops & Estrin, P. C. (Paul R. Pops of counsel), for plaintiffs. Curtiss, Hart & Zaklukiewicz (Paul Devine of counsel), for defendants. Frederick A. O. Schwarz, Jr., Corporation Counsel, for City of New York, defendant.

WILLIAM D. FRIEDMANN, J.

This case gave birth to a very novel jury proposal, namely, whether a jury may condition or structure its damage verdict for the benefit of the plaintiff (CPLR 4111). It is presented in the context of plaintiffs' dissatisfaction with the adequacy of their jury damage verdict. They have consequently moved for judgment notwithstanding their verdict or, in the alternative, for a new trial (CPLR 4404, subd [a]).

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