Brown v. Wilson

Appellate Division of the Supreme Court of New York

Brown v. Wilson

46 A.D.2d 765, 362 N.Y.S.2d 828, 1974 N.Y. App. Div. LEXIS 3576

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

DecidedNovember 21, 1974

StatusPublished

This text of 46 A.D.2d 765 (Brown v. Wilson) 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

Brown v. Wilson, 46 A.D.2d 765, 362 N.Y.S.2d 828, 1974 N.Y. App. Div. LEXIS 3576 (N.Y. Ct. App. 1974).

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Opinion

Judgment, Supreme Court, New York County, entered March 27, 1974, unanimously reversed, on the law and on 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 within 20 days of service upon him by the defendants-appellants of a copy of the order entered hereon, serves and files in thfe office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $80,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced, is affirmed, without costs or disbursements. In our opinion the amount awarded by the jury was excessive and a verdict in excess of the amount indicated is not warranted on this record. Concur — McGivern, P. J., Markewich, Lupiano and Tilzer, JJ.

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Judgment, Supreme Court, New York County, entered March 27, 1974, unanimously reversed, on the law and on 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 within 20 days of service upon him by the defendants-appellants of a copy of the order entered hereon, serves and files in thfe office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $80,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced, is affirmed, without costs or disbursements. In our opinion the amount awarded by the jury was excessive and a verdict in excess of the amount indicated is not warranted on this record. Concur — McGivern, P. J., Markewich, Lupiano and Tilzer, JJ.

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Bluebook (online)

46 A.D.2d 765, 362 N.Y.S.2d 828, 1974 N.Y. App. Div. LEXIS 3576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-wilson-nyappdiv-1974.