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ROMERO v. CITY OF NEW YORK

260 A.D.2d 461 (1999)

688 N.Y.S.2d 226

DELVIES ROMERO, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided April 12, 1999.

Ordered that the judgment is reversed, as an exercise of discretion, without costs or disbursements, and a new trial is granted on the issue of damages only on condition that within 20 days after service upon them of a copy of this decision and order with notice of entry the defendants shall pay to the plaintiff the sum paid to Dr. Joseph D'Angelo as expert fees in connection with his testimony at the prior trial; in the event that the defendants do not comply with this condition...

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