JACOBS v. BROIDY


88 A.D.2d 904 (1982)

Howard Jacobs, Appellant, v. Thomas Broidy, Respondent

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

June 1, 1982


Judgment reversed, on the law, and new trial granted on the combined issues of liability and damages, with costs to abide the event.

On the facts in the record, it was not possible for plaintiff to sustain his burden of proof on the issue of liability without some showing of the severity of his injuries (see Naumann v Richardson, 76 A.D.2d 917, app dsmd 54 N.Y.2d 680). At the trial, plaintiff testified that he was struck...

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