FIDELIO v. C.S. GOODFRIEND & CO., INC.


151 A.D.2d 458 (1989)

Caterina Fidelio et al., Appellants, v. C.S. Goodfriend & Company, Inc., et al., Respondents

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

June 5, 1989


Ordered that the judgment is reversed, on the law, with costs, and a new trial is granted as to the issue of damages only. No issues as to liability have been raised or considered.

The trial court improperly granted the defendants' motion to remove the claim of permanent injury from the case. Looking to substance rather than to form, and regarding the record as a whole, we find that the opinion of both the plaintiffs' and the defendants' experts related the plaintiff...

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