Cooney v. Manteca Realty Corp., N. V.

Appellate Division of the Supreme Court of New York

Cooney v. Manteca Realty Corp., N. V.

129 A.D.2d 504, 513 N.Y.S.2d 1004, 1987 N.Y. App. Div. LEXIS 45178

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

DecidedApril 16, 1987

StatusPublished

This text of 129 A.D.2d 504 (Cooney v. Manteca Realty Corp., N. V.) 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

Cooney v. Manteca Realty Corp., N. V., 129 A.D.2d 504, 513 N.Y.S.2d 1004, 1987 N.Y. App. Div. LEXIS 45178 (N.Y. Ct. App. 1987).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (William A. Walsh, Sr., J.), entered on October 10, 1985, unanimously modified, on the law and the facts and a new trial ordered solely on the issue of damages and otherwise affirmed without costs and disbursements, unless plaintiff James Cooney and plaintiff Anna Cooney, within 20 days after service upon their attorney of a copy of the order to be entered herein, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in their favor to $1,600,000 and $25,000, respectively, and to the entry of an amended judgment in accordance therewith. If plaintiffs so stipulate, the judgment, as so amended, is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated.

The appéal from the order of said court, entered on or about October 2, 1985, increasing the ad damnum clause, is dismissed, without costs or disbursements, as having been subsumed in the appeal from the aforesaid judgment. Concur— Kupferman, J. P., Sullivan, Carro, Ellerin and Smith, JJ.

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Judgment, Supreme Court, Bronx County (William A. Walsh, Sr., J.), entered on October 10, 1985, unanimously modified, on the law and the facts and a new trial ordered solely on the issue of damages and otherwise affirmed without costs and disbursements, unless plaintiff James Cooney and plaintiff Anna Cooney, within 20 days after service upon their attorney of a copy of the order to be entered herein, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in their favor to $1,600,000 and $25,000, respectively, and to the entry of an amended judgment in accordance therewith. If plaintiffs so stipulate, the judgment, as so amended, is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated.

The appéal from the order of said court, entered on or about October 2, 1985, increasing the ad damnum clause, is dismissed, without costs or disbursements, as having been subsumed in the appeal from the aforesaid judgment. Concur— Kupferman, J. P., Sullivan, Carro, Ellerin and Smith, JJ.

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Bluebook (online)

129 A.D.2d 504, 513 N.Y.S.2d 1004, 1987 N.Y. App. Div. LEXIS 45178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooney-v-manteca-realty-corp-n-v-nyappdiv-1987.