RHODEN v. MONTALBO


127 A.D.2d 645 (1987)

Noel C. Rhoden, Respondent, et al., Plaintiff, v. Edward M. Montalbo et al., Appellants, et al., Defendants

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

February 9, 1987


Ordered that the judgment is modified, on the law, by deleting the provisions thereof which award the plaintiff Noel Constantine Rhoden damages. As so modified, the judgment is affirmed, with one bill of costs payable to the appellants appearing separately and filing separate briefs, and a new trial is granted on the issue of damages.

On August 24, 1978, the plaintiff Noel Constantine Rhoden was a passenger on a bus owned by the appellant New York City Transit Authority...

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