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CRUZ v. CITY OF NEW YORK

201 A.D.2d 606 (1994)

607 N.Y.S.2d 969

Victor Cruz, Respondent, v. City of New York, Appellant, et al., Defendant

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

February 22, 1994

Ordered that the judgment is reversed, on the facts, and as an exercise of discretion, with costs, and a new trial is granted on the issue of liability; and it is further,

Ordered that a new trial is granted on the issue of damages for past lost earnings and future lost earnings, unless the plaintiff stipulates to decrease the verdict as to damages awarded for past lost earnings from $90,000 to $65,000, and for future lost earnings from $400,000 to $135,000; and it...

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