Alhino

In these two matters consolidated for trial, MasonMcDuffie Co. and Senjo (collectively, real estate defendants), appeal from that part of a judgment entered on a jury verdict in favor of Alhino for general damages of $145,905 and punitive damages of $150,000, in the 1976 action against them for fraudulent misrepresentation as to the security and assets of Ranker, the insolvent buyer of a parcel of real property from Alhino in 1972; Alhino cross-appeals from the conditional order granting the real estate defendants a new trial on grounds of excessive damages. Alhino also appeals from the part of the judgment entered on the verdict in favor of Starr et al. (collectively, attorney defendants), in a 1976 malpractice action against them for the settlement and dismissal of the 1974 Alhino action against Ranker. The major issues on. appeal are: 1) whether Albino’s action against the real estate defendants was barred by waiver or collateral estoppel, as the re- suit of the settlement and dismissal of the 1974 action against Ranker; 2) the sufficiency of the evidence as to each of the defendants; 3) the propriety of the court’s instruction directing a verdict in favor of the…