Battles v. Podsialdo

Appellate Division of the Supreme Court of New York

Battles v. Podsialdo

45 A.D.2d 969, 359 N.Y.S.2d 579, 1974 N.Y. App. Div. LEXIS 4053

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

DecidedSeptember 30, 1974

StatusPublished

This text of 45 A.D.2d 969 (Battles v. Podsialdo) 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

Battles v. Podsialdo, 45 A.D.2d 969, 359 N.Y.S.2d 579, 1974 N.Y. App. Div. LEXIS 4053 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, loss of services and medical expenses, defendants appeal from a judgment of the Supreme Court, Kings County, entered November 8, 1973, in favor of plaintiffs, upon jury verdicts after separate trials on the issues of liability and damages. Judgment affirmed insofar as it is in favor of plaintiffs Mary Battles, [970]*970John Battles, and Monica McCabe as executrix of the estate of James McCabe, without costs. Judgment reversed insofar as it is in favor of plaintiff Monica McCabe, on the law, and new trial granted as to her cause of action solely on the issue of damages, with appropriate severance of action and with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, she shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor from $25,000 to $12,500 and to the entry of an amended judgment accordingly, in which event the amended judgment, as thus reduced as to her, is affirmed as to her, without costs. No questions of fact were presented on the appeal. The jury verdict for Monica McCabe was excessive to the extent indicated herein. Cohalan, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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In a negligence action to recover damages for personal injuries, loss of services and medical expenses, defendants appeal from a judgment of the Supreme Court, Kings County, entered November 8, 1973, in favor of plaintiffs, upon jury verdicts after separate trials on the issues of liability and damages. Judgment affirmed insofar as it is in favor of plaintiffs Mary Battles, [970]*970John Battles, and Monica McCabe as executrix of the estate of James McCabe, without costs. Judgment reversed insofar as it is in favor of plaintiff Monica McCabe, on the law, and new trial granted as to her cause of action solely on the issue of damages, with appropriate severance of action and with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, she shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor from $25,000 to $12,500 and to the entry of an amended judgment accordingly, in which event the amended judgment, as thus reduced as to her, is affirmed as to her, without costs. No questions of fact were presented on the appeal. The jury verdict for Monica McCabe was excessive to the extent indicated herein. Cohalan, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 969, 359 N.Y.S.2d 579, 1974 N.Y. App. Div. LEXIS 4053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battles-v-podsialdo-nyappdiv-1974.