LUNEBURG v. WENIG


256 A.D.2d 389 (1998)

681 N.Y.S.2d 597

NICOLE LUNEBURG, an Infant, by Her Parent and Natural Guardian, RICHARD LUNEBURG, et al., Respondents, v. BARRY WENIG et al., Appellants.

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

Decided December 14, 1998.


Ordered that the judgment is reversed, on the facts and as an exercise of discretion, without costs or disbursements, and a new trial is granted on the issue of damages only, unless within 30 days after service upon the plaintiff's parents, Richard Luneburg and Catherine Luneburg, of a copy of this decision and order with notice of entry, the plaintiff's parents shall serve and file in the office of the Clerk of the Supreme Court, Nassau County, a written stipulation consenting...

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