Freidus v. Eisenberg

While I concur in the majority’s reduction of the jury award to the extent that it excluded the amount representing increased road construction costs because of a failure of proof on that issue, I do not share their view that the jury’s verdict as to use and occupancy of the property in issue must be vacated. *183In this protracted legal war, the major casualty has been Todem Homes, which had the right under an option contract to repurchase 17 acres of the 20-acre parcel in issue. During the pendency of this litigation—a period which exceeds 14 years—the plaintiff, Ella Freidus, has unreasonably…