Maxfield v. Diner

In an action to recover damages for personal injuries, the defendants, Forum Diner and Gold Palace Diner, Inc., appeal from a judgment of the Supreme Court, Queens County (Nahman, J.), entered March 16, 1990, which upon the concession of liability by the defendants, and a jury verdict on the issue of damages only, is in favor of the plaintiff and against them in the principal sum of $100,000.

Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 20 days after the service upon her…