RUSSO v. RIFKIN


113 A.D.2d 570 (1985)

Mattia Russo, Jr., Respondent, v. Jess R. Rifkin, D.D.S., P. C., Defendant, and Bruce Cuttler, Appellant

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

December 30, 1985


Attorney(s) appearing for the Case

Nathan Cyperstein (Arthur N. Seiff of counsel), for appellant.

Orseck, Orseck & Greenberg (Gerald Orseck of counsel), for respondent.

GIBBONS, BROWN and O'CONNOR, JJ., concur.


LAZER, J. P.

The question here is whether in an action involving comparative fault there must be a new trial because the appellant's request for a special verdict was rejected by the trial court with the result that a general verdict simply stating a sum of money was rendered in favor of the plaintiff. Additionally, if the form of the verdict was fatally defective, we must determine whether the verdict could...

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