Donato v. City of New York

Appellate Division of the Supreme Court of New York

Donato v. City of New York

82 A.D.2d 729, 440 N.Y.S.2d 546, 1981 N.Y. App. Div. LEXIS 14352

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

DecidedJune 4, 1981

StatusPublished

This text of 82 A.D.2d 729 (Donato 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

Donato v. City of New York, 82 A.D.2d 729, 440 N.Y.S.2d 546, 1981 N.Y. App. Div. LEXIS 14352 (N.Y. Ct. App. 1981).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Silbowitz, J.), entered on March 5, 1980, unanimously modified, on the law and the facts and a new trial ordered with respect to plaintiff Peter Donato on the issue of damages only, without costs and without disbursements, unless plaintiff Peter Donato, within 20 days [730]*730after service upon him of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $35,000 and to the entry of an amended judgment in accordance therewith. If plaintiff Peter Donato so stipulates, the judgment, as so amended and reduced, is affirmed, without costs and without disbursements. After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Kupferman, J. P., Sullivan, Carro, Markewich and Silverman, JJ.

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Judgment, Supreme Court, Bronx County (Silbowitz, J.), entered on March 5, 1980, unanimously modified, on the law and the facts and a new trial ordered with respect to plaintiff Peter Donato on the issue of damages only, without costs and without disbursements, unless plaintiff Peter Donato, within 20 days [730]*730after service upon him of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $35,000 and to the entry of an amended judgment in accordance therewith. If plaintiff Peter Donato so stipulates, the judgment, as so amended and reduced, is affirmed, without costs and without disbursements. After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Kupferman, J. P., Sullivan, Carro, Markewich and Silverman, JJ.

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Bluebook (online)

82 A.D.2d 729, 440 N.Y.S.2d 546, 1981 N.Y. App. Div. LEXIS 14352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donato-v-city-of-new-york-nyappdiv-1981.