EMERSON v. DAVIS


155 A.D.2d 876 (1989)

Wanda H. Emerson, Respondent, v. Roderick Davis et al., Appellants. (Appeal No. 1.)

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

November 15, 1989


Judgment unanimously modified on the law and and as modified affirmed without costs and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum:

The judgment must be vacated and a new trial granted on the sole issue of damages because the jury did not follow the court's instructions in reporting its special verdict with respect to the full dollar amount of damages sustained by plaintiff (see,

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