Maracina v. Schirrmeister

Order, Supreme Court, New York County (Carol E. Huff, J.), entered May 4, 1989, which dismissed the complaint, after a jury was sworn to make an assessment of damages, but before any evidence was taken, unanimously reversed, on the law, the complaint reinstated, the order of this court dated November 29, 1984, granting partial summary judgment in favor of plaintiff on the issue of liability, reinstated, and the matter remanded again for an assessment of damages, before a different Justice, with costs.

By memorandum decision and order dated November 29, 1984, this court granted plaintiff…