Berman v. Emring, Inc.

Appellate Division of the Supreme Court of New York

Berman v. Emring, Inc.

38 A.D.2d 946, 331 N.Y.S.2d 366, 1972 N.Y. App. Div. LEXIS 5161

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

DecidedMarch 13, 1972

StatusPublished

This text of 38 A.D.2d 946 (Berman v. Emring, Inc.) 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

Berman v. Emring, Inc., 38 A.D.2d 946, 331 N.Y.S.2d 366, 1972 N.Y. App. Div. LEXIS 5161 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from so much of a judgment of the Supreme Court, Queens County, entered June 23, 1971, as is in his favor against respondents upon a jury verdict of $25,000. Judgment reversed insofar as appealed from, on the law, and new trial granted on the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, respondents serve and file in the office of the clerk of the trial court a written stipulation consenting to increase the verdict in plaintiff’s favor to $40,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended is affirmed, with costs to appellant. In our opinion the verdict was inadequate to the extent indicated herein. Munder, Acting P. J., Martuscello, Christ and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from so much of a judgment of the Supreme Court, Queens County, entered June 23, 1971, as is in his favor against respondents upon a jury verdict of $25,000. Judgment reversed insofar as appealed from, on the law, and new trial granted on the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, respondents serve and file in the office of the clerk of the trial court a written stipulation consenting to increase the verdict in plaintiff’s favor to $40,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended is affirmed, with costs to appellant. In our opinion the verdict was inadequate to the extent indicated herein. Munder, Acting P. J., Martuscello, Christ and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 946, 331 N.Y.S.2d 366, 1972 N.Y. App. Div. LEXIS 5161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berman-v-emring-inc-nyappdiv-1972.