Desiderio v. Castle Coal & Oil Co.

Appellate Division of the Supreme Court of New York

Desiderio v. Castle Coal & Oil Co.

86 A.D.2d 514, 447 N.Y.S.2d 417, 1982 N.Y. App. Div. LEXIS 15028

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

DecidedJanuary 12, 1982

StatusPublished

This text of 86 A.D.2d 514 (Desiderio v. Castle Coal & Oil Co.) 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

Desiderio v. Castle Coal & Oil Co., 86 A.D.2d 514, 447 N.Y.S.2d 417, 1982 N.Y. App. Div. LEXIS 15028 (N.Y. Ct. App. 1982).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Mercorella, J.), entered on May 8,1980, unanimously modified, on the law and the facts, to the extent of reversing the judgment in favor of plaintiff Salvatore Desiderio and a new trial ordered on the issue of damages awarded to said plaintiff, with $75 costs and disbursements of this appeal to abide the event, and said judgment is otherwise affirmed, unless defendants, within 20 days after service upon them, of a copy of the order herein, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to increase the award to said plaintiff to $75,000 and to the entry of an amended judgment in accordance therewith. If defendants so stipulate, the judgment, as so amended and increased, is affirmed, without costs and without disbursements. After review of the record, the damages appear to us to be inadequate to the extent indicated. Concur — Murphy, P. J., Kupferman, Sandler, Lupiano and Bloom, JJ.

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Judgment, Supreme Court, Bronx County (Mercorella, J.), entered on May 8,1980, unanimously modified, on the law and the facts, to the extent of reversing the judgment in favor of plaintiff Salvatore Desiderio and a new trial ordered on the issue of damages awarded to said plaintiff, with $75 costs and disbursements of this appeal to abide the event, and said judgment is otherwise affirmed, unless defendants, within 20 days after service upon them, of a copy of the order herein, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to increase the award to said plaintiff to $75,000 and to the entry of an amended judgment in accordance therewith. If defendants so stipulate, the judgment, as so amended and increased, is affirmed, without costs and without disbursements. After review of the record, the damages appear to us to be inadequate to the extent indicated. Concur — Murphy, P. J., Kupferman, Sandler, Lupiano and Bloom, JJ.

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Bluebook (online)

86 A.D.2d 514, 447 N.Y.S.2d 417, 1982 N.Y. App. Div. LEXIS 15028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desiderio-v-castle-coal-oil-co-nyappdiv-1982.