Order affirmed, with costs. All concur except Dillon, P. J., and Witmer, J., who dissent and vote to reverse and remit the matter to the City Court of the City of Jamestown for trial of the issue of damages, in the following memorandum.

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Opinion
78 A.D.2d 993 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1980