Appellate Division of the Supreme Court of the State of New York March 5, 1985 (Thomas v. Elgate Realty Corp.)

Judgment, Supreme Court, Bronx County (Dorothy E. Kent, J.), entered on January 4,1984, unanimously reversed, *603on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of damages, unless the plaintiff, within 20 days after service upon his attorney of a copy of the order to be entered herein, serves and files in the office of the clerk of the trial