Appellate Division of the Supreme Court of the State of New York January 31, 1980 (Barnwell v. Consolidated Edison Co.)

Judgment, Supreme Court, Bronx County, entered February 13, 1979, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered on the issue of damages only, unless within 30 days after service upon him of a copy of this order, with notice of entry, plaintiff serves and files in the office of the Clerk of the Supreme Court, Bronx County, a written