Cebula v. Terry Bus Line, Inc.

Appellate Division of the Supreme Court of New York

Cebula v. Terry Bus Line, Inc.

40 A.D.2d 683, 336 N.Y.S.2d 176, 1972 N.Y. App. Div. LEXIS 3775

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

DecidedOctober 10, 1972

StatusPublished

This text of 40 A.D.2d 683 (Cebula v. Terry Bus Line, 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

Cebula v. Terry Bus Line, Inc., 40 A.D.2d 683, 336 N.Y.S.2d 176, 1972 N.Y. App. Div. LEXIS 3775 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries; plaintiff appeals from a judgment of the Supreme Court, Richmond County, entered December 19, 1969 in her favor against defendants for $5,000, upon jury verdicts of $5,000 against defendants Terry Bus Line, Inc., and Charles Bailey and $5,000 against defendant George Nicholson. Judgment reversed, on the law and in the interests of justice, and new trial granted, limited solely to the issue of damages, with costs to abide the event. The interests of justice require that a new trial specifically limited to the issue of damages be held in this ease. In view of the manner in which the court charged the jury, it is impossible to determine with any certainty what their intention was with respect to the awarding of damages. In our view, under the circumstances of this case a new trial solely concerned with the issue of damages is the best method for resolving the ambiguity. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a negligence action to recover damages for personal injuries; plaintiff appeals from a judgment of the Supreme Court, Richmond County, entered December 19, 1969 in her favor against defendants for $5,000, upon jury verdicts of $5,000 against defendants Terry Bus Line, Inc., and Charles Bailey and $5,000 against defendant George Nicholson. Judgment reversed, on the law and in the interests of justice, and new trial granted, limited solely to the issue of damages, with costs to abide the event. The interests of justice require that a new trial specifically limited to the issue of damages be held in this ease. In view of the manner in which the court charged the jury, it is impossible to determine with any certainty what their intention was with respect to the awarding of damages. In our view, under the circumstances of this case a new trial solely concerned with the issue of damages is the best method for resolving the ambiguity. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 683, 336 N.Y.S.2d 176, 1972 N.Y. App. Div. LEXIS 3775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cebula-v-terry-bus-line-inc-nyappdiv-1972.