Clarke v. City of New York

Appellate Division of the Supreme Court of New York

Clarke v. City of New York

79 A.D.2d 672, 436 N.Y.S.2d 994, 1980 N.Y. App. Div. LEXIS 14049

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

DecidedDecember 22, 1980

StatusPublished

This text of 79 A.D.2d 672 (Clarke v. City of New York) 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

Clarke v. City of New York, 79 A.D.2d 672, 436 N.Y.S.2d 994, 1980 N.Y. App. Div. LEXIS 14049 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., defendant appeals, on the ground of excessiveness from a judgment of the Supreme Court, Kings County, entered January 14, 1980, which, upon a jury verdict, is in favor of the infant plaintiff in the principal sum of $250,000 and in favor of plaintiff Mary B. Clarke in the principal sum of $50,000. Judgment reversed, on the law, without costs or disbursements, and new trial granted with respect to the issue of damages only, unless within 20 days after service upon plaintiffs of a copy of the order to be made hereon, together with notice of entry thereof, the plaintiffs shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdicts in their favor to $175,000 and $15,000, respectively, and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs or disbursements. The verdicts were excessive to the extent indicated herein. Mollen, P. J., Cohalan, O’Connor and Weinstein, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendant appeals, on the ground of excessiveness from a judgment of the Supreme Court, Kings County, entered January 14, 1980, which, upon a jury verdict, is in favor of the infant plaintiff in the principal sum of $250,000 and in favor of plaintiff Mary B. Clarke in the principal sum of $50,000. Judgment reversed, on the law, without costs or disbursements, and new trial granted with respect to the issue of damages only, unless within 20 days after service upon plaintiffs of a copy of the order to be made hereon, together with notice of entry thereof, the plaintiffs shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdicts in their favor to $175,000 and $15,000, respectively, and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs or disbursements. The verdicts were excessive to the extent indicated herein. Mollen, P. J., Cohalan, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

79 A.D.2d 672, 436 N.Y.S.2d 994, 1980 N.Y. App. Div. LEXIS 14049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-city-of-new-york-nyappdiv-1980.