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LYALL v. CITY OF NEW YORK

228 A.D.2d 566 (1996)

645 N.Y.S.2d 34

Bruce A. Lyall et al., Respondents-Appellants, v. City of New York, Appellant-Respondent

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

June 17, 1996

Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment is reversed, on the facts and as a matter of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon him of a copy of this decision and order, with notice of entry, the plaintiff Bruce A. Lyall shall...

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