Chapman v. City of Buffalo

Appellate Division of the Supreme Court of New York

Chapman v. City of Buffalo

125 A.D.2d 935, 510 N.Y.S.2d 495, 1986 N.Y. App. Div. LEXIS 63111

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

DecidedDecember 19, 1986

StatusPublished

This text of 125 A.D.2d 935 (Chapman v. City of Buffalo) 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

Chapman v. City of Buffalo, 125 A.D.2d 935, 510 N.Y.S.2d 495, 1986 N.Y. App. Div. LEXIS 63111 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Order and judgment unanimously reversed, on the law, without costs, and new trial granted solely on the issue of damages. Memorandum: Defendant Board of Education of the City of Buffalo in its brief concedes that the jury erred in reporting its verdict with respect to damages, but argues that the court erred in recomputing the verdict. We agree. However, a new trial on all issues is not required. No claim is made that the jury erred in reporting its findings of liability and comparative negligence and these findings are amply supported by the record. A new trial is, therefore, required only on the issues of damages.

We have considered defendant’s other contentions and find them to be without merit. (Appeal from order and judgment of Supreme Court, Erie County, Cicoria, J. — correct verdict.) Present — Callahan, J. P., Doerr, Green, Lawton and Schnepp, JJ.

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— Order and judgment unanimously reversed, on the law, without costs, and new trial granted solely on the issue of damages. Memorandum: Defendant Board of Education of the City of Buffalo in its brief concedes that the jury erred in reporting its verdict with respect to damages, but argues that the court erred in recomputing the verdict. We agree. However, a new trial on all issues is not required. No claim is made that the jury erred in reporting its findings of liability and comparative negligence and these findings are amply supported by the record. A new trial is, therefore, required only on the issues of damages.

We have considered defendant’s other contentions and find them to be without merit. (Appeal from order and judgment of Supreme Court, Erie County, Cicoria, J. — correct verdict.) Present — Callahan, J. P., Doerr, Green, Lawton and Schnepp, JJ.

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Bluebook (online)

125 A.D.2d 935, 510 N.Y.S.2d 495, 1986 N.Y. App. Div. LEXIS 63111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-city-of-buffalo-nyappdiv-1986.