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Lawrence v. Greenstein

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1975
50 A.D.2d 573 (N.Y. App. Div. 1975)

Opinion

November 10, 1975


In a negligence action to recover damages for personal injuries, (1) defendant Joseph Greenstein appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated June 10, 1974, and made after a jury trial on the issue of liability only, as is against him and (2) plaintiff cross-appeals from so much of the same judgment as is in favor of defendants Vientos and Santiago and against him. Judgment modified, on the law, on the facts and in the interest of justice, by deleting therefrom the first, fifth and sixth decretal paragraphs. As so modified, judgment affirmed insofar as appealed from. Action remanded to Trial Term for a new trial (1) as between plaintiff and defendants Vientos and Santiago on the issue of liability and (2) on the cross claim of defendant Greenstein against defendants Vientos and Santiago. Costs are awarded to plaintiff as against defendant Greenstein. As between plaintiff and defendants Vientos and Santiago, costs are awarded to abide the event of the new trial. The verdict in favor of defendants Vientos and Santiago was against the weight of the evidence. Gulotta, P.J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.


Summaries of

Lawrence v. Greenstein

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1975
50 A.D.2d 573 (N.Y. App. Div. 1975)
Case details for

Lawrence v. Greenstein

Case Details

Full title:ALFRED LAWRENCE, Respondent-Appellant, v. JOSEPH GREENSTEIN, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 10, 1975

Citations

50 A.D.2d 573 (N.Y. App. Div. 1975)