Crisafulli v. State

Judgment unanimously affirmed, with one bill of costs to all claimants. Memorandum: We reject the State’s contention that the retrial was limited by this court’s prior decision to questions of the elevations of the various areas involved (see Crisafulli v State of New York, 41 AD2d 695). "In the absence of an express direction for a limited trial, the granting of a new trial should be construed to require a new trial generally” (Matter of Sipal Realty Corp. v William, 15 AD2d 456, 457; see Halpern v Amtorg Trading Corp., 292 NY 42). Additionally, we conclude that the assertion of claimants’…