O'CONNOR v. ROTH


104 A.D.2d 933 (1984)

Julia P. O'Connor, Appellant-Respondent, v. Samuel J. Roth, Respondent-Appellant

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

October 15, 1984


Judgment modified, on the facts and as a matter of discretion, by deleting therefrom the provision setting aside the jury verdict awarding plaintiff $75,000 in damages and directing a new trial on the issue of damages, and jury verdict as to damages reinstated. As so modified, judgment affirmed, with costs to plaintiff, and matter remitted to the Supreme Court, Suffolk County, for entry of an appropriate amended judgment awarding plaintiff the principal sum of $75,000.

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