Colon v. City of New York

Appellate Division of the Supreme Court of New York

Colon v. City of New York

90 A.D.2d 452, 454 N.Y.S.2d 533, 1982 N.Y. App. Div. LEXIS 18414

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

DecidedOctober 5, 1982

StatusPublished

This text of 90 A.D.2d 452 (Colon 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

Colon v. City of New York, 90 A.D.2d 452, 454 N.Y.S.2d 533, 1982 N.Y. App. Div. LEXIS 18414 (N.Y. Ct. App. 1982).

Pincite

Opinion

Judgment of the Supreme Court, Bronx County (Shapiro, J., at inquest only), entered on May 27, 1981, modified, on the facts and in the exercise of [453]*453discretion, to reduce the verdict rendered at inquest by the court without a jury to the sum of $125,000 and, as so modified, affirmed, without costs. On the record before us we cannot say that the calendar Judge, in granting the application of plaintiff and ordering an inquest, abused his discretion. However, his 74-page opinion was excessive and, at times, intemperate. In the circumstances here indicated the conduct of defendant did not merit the excoriation administered to it. In our opinion, the damage award was excessive and, accordingly, we reduce it to the sum of $125,000. Concur — Sandler, Fein and Bloom, JJ.; Kupferman, J. P., concurs in the result only.

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Judgment of the Supreme Court, Bronx County (Shapiro, J., at inquest only), entered on May 27, 1981, modified, on the facts and in the exercise of [453]*453discretion, to reduce the verdict rendered at inquest by the court without a jury to the sum of $125,000 and, as so modified, affirmed, without costs. On the record before us we cannot say that the calendar Judge, in granting the application of plaintiff and ordering an inquest, abused his discretion. However, his 74-page opinion was excessive and, at times, intemperate. In the circumstances here indicated the conduct of defendant did not merit the excoriation administered to it. In our opinion, the damage award was excessive and, accordingly, we reduce it to the sum of $125,000. Concur — Sandler, Fein and Bloom, JJ.; Kupferman, J. P., concurs in the result only.

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Bluebook (online)

90 A.D.2d 452, 454 N.Y.S.2d 533, 1982 N.Y. App. Div. LEXIS 18414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colon-v-city-of-new-york-nyappdiv-1982.