Castro v. Sze

52 A.D.2d 810, 384 N.Y.S.2d 701, 1976 N.Y. App. Div. LEXIS 12619

Opinion

Judgment, Supreme Court, New York County, entered October 17, 1975, 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 defendant-appellant of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $60,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Murphy, J. P., Birns, Silverman, Capozzoli and Nunez, JJ.