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ABRUZZO v. CITY OF NEW YORK

233 A.D.2d 278 (1996)

649 N.Y.S.2d 172

Anna Abruzzo, as Administratrix of The Estate of Francis Abruzzo, Deceased, Respondent, v. City of New York et al., Appellants

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

November 4, 1996

Ordered that the appeal from the judgment entered December 22, 1994, is dismissed, without costs or disbursements, as that judgment was superseded by the resettled judgment entered April 21, 1995; and it is further,

Ordered that the resettled judgment is reversed, and the judgment is vacated, on the facts and as an exercise of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 20 days after service upon the plaintiff of...

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