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KING v. McMILLAN

8 A.D.3d 447 (2004)

778 N.Y.S.2d 290

ANITA KING, Respondent-Appellant, v. GEORGE McMILLAN, Appellant-Respondent.

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

June 14, 2004.

Ordered that the order is modified, on the facts and as an exercise of discretion, by deleting the provision thereof granting the defendant's motion to the extent of directing a new trial on the issue of damages only unless the plaintiff stipulated to reduce the verdict as to damages from the sum of $950,000 to the sum of $700,000, and substituting therefor a provision granting a new trial on the issue of damages; as so modified...

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