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STEIN v. EINHORN

28 A.D.3d 745 (2006)

812 N.Y.S.2d 895

HERBERT J. STEIN, Respondent, v. JEFFREY EINHORN et al., Appellants.

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

April 25, 2006.

Ordered that the judgment is reversed, on the law, and a new trial is granted on the issue of damages on the cause of action to recover treble damages pursuant to RPAPL 861, with costs to abide the event.

The jury verdict on the issue of liability on the plaintiff's cause of action to recover treble damages pursuant to RPAPL 861 was reached on a fair interpretation of the evidence and was not against the weight of the evidence...

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