Allegretta v. Farley

Appellate Division of the Supreme Court of New York

Allegretta v. Farley

23 A.D.2d 659, 257 N.Y.S.2d 911, 1965 N.Y. App. Div. LEXIS 4766

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 1, 1965

StatusPublished

This text of 23 A.D.2d 659 (Allegretta v. Farley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allegretta v. Farley, 23 A.D.2d 659, 257 N.Y.S.2d 911, 1965 N.Y. App. Div. LEXIS 4766 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to recover damages for personal injury, defendant Liebowitz appeals from so much of a judgment of the Supreme Court, Queens County, entered March 4, 1964 after trial upon a jury’s verdict, as was in the plaintiff Anthony Allegretta’s favor against him. Judgment, insofar as appealed from, reversed on the law and the facts; action as between the plaintiff Anthony Allegretta and the defendant Liebowitz severed; and a new trial as, between [660]*660them granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff Anthony Allegretta shall serve and file a written stipulation consenting to reduce from $13,420 to $7,500 the amount of the verdict in his favor and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended and insofar as appealed from, is affirmed, without costs. In our opinion, the verdict as against the defendant Liebowitz is excessive, at least to the extent indicated. Beldock, P. J., Ughetta, Christ, Brennan and Benjamin, JJ., concur.

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In an action to recover damages for personal injury, defendant Liebowitz appeals from so much of a judgment of the Supreme Court, Queens County, entered March 4, 1964 after trial upon a jury’s verdict, as was in the plaintiff Anthony Allegretta’s favor against him. Judgment, insofar as appealed from, reversed on the law and the facts; action as between the plaintiff Anthony Allegretta and the defendant Liebowitz severed; and a new trial as, between [660]*660them granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff Anthony Allegretta shall serve and file a written stipulation consenting to reduce from $13,420 to $7,500 the amount of the verdict in his favor and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended and insofar as appealed from, is affirmed, without costs. In our opinion, the verdict as against the defendant Liebowitz is excessive, at least to the extent indicated. Beldock, P. J., Ughetta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 659, 257 N.Y.S.2d 911, 1965 N.Y. App. Div. LEXIS 4766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allegretta-v-farley-nyappdiv-1965.