SPIELVOGEL v. ZITOFSKY


175 A.D.2d 830 (1991)

Paul Spielvogel et al., Respondents, v. Alan Zitofsky et al., Defendants, and Jack Bergon, Appellant

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

August 12, 1991


Ordered that the judgment is modified, on the law, on the facts, and in the interest of justice, by deleting the seventh decretal paragraph thereof, and substituting therefor a provision severing the plaintiffs' sixth cause of action and remitting it for a trial on the issue of damages only; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court determined that...

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