Browne v. Jacobs

Appellate Division of the Supreme Court of New York

Browne v. Jacobs

119 A.D.2d 445, 500 N.Y.S.2d 223, 1986 N.Y. App. Div. LEXIS 55403

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

DecidedApril 1, 1986

StatusPublished

This text of 119 A.D.2d 445 (Browne v. Jacobs) 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

Browne v. Jacobs, 119 A.D.2d 445, 500 N.Y.S.2d 223, 1986 N.Y. App. Div. LEXIS 55403 (N.Y. Ct. App. 1986).

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Opinion

— Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered on December 6, 1984, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of damages, unless plaintiffs Anne Browne and John Browne, within 20 days after service upon their attorney of a copy of the order to be entered herein, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in their favor to $50,000 and $10,000, respectively, and to the entry of an amended judgment in accordance therewith, in which event the judgment, as so amended, is affirmed, without costs or disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated.

The appeals from the order of said court entered on October 3, 1984, which set aside the verdict in favor of plaintiff John Browne and ordered a new trial on the issue of damages awarded to said plaintiff unless he stipulated to reduce the award on his cause of action to $20,000 and denied defendants’ motions in all other respects, is dismissed as having been superseded by defendants’ appeals from the aforesaid judgment. Concur — Sullivan, J. P., Ross, Milonas, Kassal and Rosenberger, JJ.

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— Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered on December 6, 1984, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of damages, unless plaintiffs Anne Browne and John Browne, within 20 days after service upon their attorney of a copy of the order to be entered herein, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in their favor to $50,000 and $10,000, respectively, and to the entry of an amended judgment in accordance therewith, in which event the judgment, as so amended, is affirmed, without costs or disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated.

The appeals from the order of said court entered on October 3, 1984, which set aside the verdict in favor of plaintiff John Browne and ordered a new trial on the issue of damages awarded to said plaintiff unless he stipulated to reduce the award on his cause of action to $20,000 and denied defendants’ motions in all other respects, is dismissed as having been superseded by defendants’ appeals from the aforesaid judgment. Concur — Sullivan, J. P., Ross, Milonas, Kassal and Rosenberger, JJ.

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Bluebook (online)

119 A.D.2d 445, 500 N.Y.S.2d 223, 1986 N.Y. App. Div. LEXIS 55403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browne-v-jacobs-nyappdiv-1986.