Bush v. Westinghouse Electric Corp.

Appellate Division of the Supreme Court of New York

Bush v. Westinghouse Electric Corp.

152 A.D.2d 979, 544 N.Y.S.2d 763, 1989 N.Y. App. Div. LEXIS 9892

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1989·No. Appeal No. 1·Published

Opinion

Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance -with the following memorandum: From our review of the record, we conclude that the damages awarded are excessive. We grant a new trial on the issue of damages only unless, within 20 days after the service of a copy of the order to be entered herein, plaintiffs stipulate to a reduction in the verdicts to $1,500,000 for plaintiff Joseph Bush and to $300,000 for plaintiff Betty Bush. (Appeals from judgment of Supreme Court, Oswego County, Hurlbutt, J. — jury award.) Present — Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.

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Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance -with the following memorandum: From our review of the record, we conclude that the damages awarded are excessive. We grant a new trial on the issue of damages only unless, within 20 days after the service of a copy of the order to be entered herein, plaintiffs stipulate to a reduction in the verdicts to $1,500,000 for plaintiff Joseph Bush and to $300,000 for plaintiff Betty Bush. (Appeals from judgment of Supreme Court, Oswego County, Hurlbutt, J. — jury award.) Present — Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.

Bush v. Westinghouse Electric Corp., 152 A.D.2d 979, 544 N.Y.S.2d 763, 1989 N.Y. App. Div. LEXIS 9892 (N.Y. Ct. App. 1989).

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