Opinion
May 23, 1961
Appeal from the City Court of Long Beach, Nassau County, ABRAHAM SCHLISSEL, J.
Jules B. St. Germain for appellant.
John E. Morris and Louis M. Schachter for respondent.
The purported verdict was recorded as follows: "The jury believes there was negligence on both sides but the greater negligence was contributed by Mr. Knettel, therefore awarding Mr. De Vito the sum of $750." The foregoing does not constitute a general verdict within the meaning of section 458 of the Civil Practice Act and the court should have directed the jury to return for further deliberation and bring in a proper verdict. ( Conrey v. Metropolitan St. Ry. Co., 73 App. Div. 518; Swift v. Fairyland Park, 2 Misc.2d 155; Savko v. Brooklyn Queens Tr. Corp., 166 Misc. 84, affd. App. Term, 2d Dept., Jan. 15, 1938; Klepper v. Seymour House Corp., 246 N.Y. 85, 95; Warner v. New York Cent. R.R. Co., 52 N.Y. 437; Bourcier v. Peryor, 267 App. Div. 932.)
The judgment and order should be unanimously reversed, without costs, and motion for a new trial granted.
Concur — DI GIOVANNA, BENJAMIN and DALY, JJ.
Judgment and order reversed, etc.