Aboff v. Danzig

Appellate Division of the Supreme Court of New York

Aboff v. Danzig

52 A.D.2d 567, 383 N.Y.S.2d 1021, 1976 N.Y. App. Div. LEXIS 12137

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1976·Published

Opinion

Judgment, Supreme Court, Bronx County, entered April 1, 1974, unanimously reversed, on the law and the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent Susan Aboff within 20 days of service upon her by the defendant-appellant of a copy of the order entered herein with notice of entry, serves and files in the office of the clerk óf the trial court a written stipulation consenting to reduce the verdict to $10,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Stevens, P. J., Kupferman, Lupiano, Capozzoli and Lane, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County, entered April 1, 1974, unanimously reversed, on the law and the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent Susan Aboff within 20 days of service upon her by the defendant-appellant of a copy of the order entered herein with notice of entry, serves and files in the office of the clerk óf the trial court a written stipulation consenting to reduce the verdict to $10,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Stevens, P. J., Kupferman, Lupiano, Capozzoli and Lane, JJ.

Aboff v. Danzig, 52 A.D.2d 567, 383 N.Y.S.2d 1021, 1976 N.Y. App. Div. LEXIS 12137 (N.Y. Ct. App. 1976).

Pincite

52 A.D.2d 567 (Aboff v. Danzig) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.