Appellate Division of the Supreme Court of the State of New York December 17, 1981 (Latcha v. Tartus)

Judgment, Supreme Court, Bronx County (Kahn, J.), entered on April 3, 1981, unanimously reversed, on the law and the facts, and a new trial ordered on the issue of damages only, without costs and without disbursements, unless plaintiffs, within 20 days after service upon them of a copy of the order herein, with notice of entry, serve and file in the office of the clerk of the trial court a