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LUSENSKAS v. AXELROD

81 N.Y.2d 300 (1993)

James D. Lusenskas, Respondent, v. Bernard M. Axelrod et al., Appellants.

Court of Appeals of the State of New York.

Decided May 11, 1993.

Attorney(s) appearing for the Case

Jeffrey Samel & Associates, New York City (David Samel of counsel), for appellants.

Sullivan & Liapakis, P. C., New York City (Stephen C. Glasser and Ellen Creutz of counsel), for respondent.

Per Curiam.

In this action to recover damages for personal injury, defendants appeal pursuant to CPLR 5601 (c) from an order of the Appellate Division which reversed a judgment entered on a jury verdict for defendants and ordered a new trial. Defendants stipulate that, in the event of an affirmance, judgment absolute shall be entered against them on the issue of liability only. Thus, even if judgment absolute were entered...

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