COSTARELLI v. GURINO


170 A.D.2d 431 (1991)

Mildred Costarelli, as Administratrix of The Estate of Tullio Costarelli, Deceased, Respondent, v. John Gurino et al., Appellants

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

February 4, 1991


Ordered that the judgment is reversed, on the facts and as a matter of discretion, without costs or disbursements, and a new trial is granted on the issue of damages only, unless within 20 days after service upon the plaintiffs of a copy of this decision and order, with notice of entry, the plaintiffs shall serve and file in the office of the clerk of the Supreme Court, Suffolk County, a written stipulation signed by the plaintiff consenting to decrease the award of damages...

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