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DOPWELL v. CITY OF NEW YORK

227 A.D.2d 436 (1996)

643 N.Y.S.2d 360

Henry Dopwell et al., Respondents, v. City of New York, Appellant

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

May 13, 1996

Ordered that the appeal from the order is dismissed without costs or disbursements; and it is further,

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 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, Queens County...

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