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RAMIREZ v. CITY OF NEW YORK

4 Misc.3d 46 (2004)

780 N.Y.S.2d 840

JUAN RAMIREZ, Respondent, et al., Plaintiff, v. CITY OF NEW YORK et al., Appellants.

Supreme Court, Appellate Term, Second Department.

June 3, 2004.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Ellen B. Fishman, Margaret G. King and Ellen Ravitch of counsel), for appellants.

Salzman, Ingber & Winer and Alexander J. Wulwick, New York City, for respondent.

ARONIN, J.P., and RIOS, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Judgment reversed without costs and a new trial ordered limited to the issue of damages unless plaintiff Juan Ramirez, within 30 days after service upon him of a copy of the order entered hereon, with notice of entry, shall serve and file in the office of the Clerk of the Civil Court, Kings County, a written stipulation signed by plaintiff Ramirez consenting to decrease the verdict as to damages from the principal sum of...

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