Esteves v. Somco Fuel, Inc.

Appellate Division of the Supreme Court of New York

Esteves v. Somco Fuel, Inc.

82 A.D.2d 906, 441 N.Y.S.2d 433, 1981 N.Y. App. Div. LEXIS 14617

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

DecidedJune 29, 1981

StatusPublished

This text of 82 A.D.2d 906 (Esteves v. Somco Fuel, Inc.) 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

Esteves v. Somco Fuel, Inc., 82 A.D.2d 906, 441 N.Y.S.2d 433, 1981 N.Y. App. Div. LEXIS 14617 (N.Y. Ct. App. 1981).

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Opinion

In an action to recover damages for personal injuries, etc., plaintiff Anthony Esteves appeals, and defendant Somco Fuel, Inc., and third-party defendant 163 Eastern Parkway Realty Corp. cross-appeal, from an order of the Supreme Court, Kings County (Cooper, J.), entered January 5, 1981, which, after the jury returned a verdict in favor of Anthony Esteves, on the issue of damages, in the sum of $1,098,000, granted the cross appellants’ motions to set aside the verdict as excessive and ordered a new trial unless Anthony Esteves stipulated to a reduction of the award to $500,000 within a specified period of time. Order modified, on the law, by increasing the proposed award to $750,000. As so modified, order affirmed, without costs or disbursements. Plaintiff Anthony Esteves’ time to stipulate to the reduction is extended until 20 days after service upon him of a copy of the order to be made hereon, with notice of entry. Although, on the facts presented, the jury verdict of $1,098,000 was excessive, the reduction proposed by the trial court was unduly severe. In order to adequately compensate Anthony Esteves for his extensive injuries and attendant pain and suffering, a reduction to $750,000 would be appropriate. We have considered the parties’ other contentions and find them to be without merit. Gulotta, J. P., Cohalan, O’Connor and Bracken, JJ., concur.

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In an action to recover damages for personal injuries, etc., plaintiff Anthony Esteves appeals, and defendant Somco Fuel, Inc., and third-party defendant 163 Eastern Parkway Realty Corp. cross-appeal, from an order of the Supreme Court, Kings County (Cooper, J.), entered January 5, 1981, which, after the jury returned a verdict in favor of Anthony Esteves, on the issue of damages, in the sum of $1,098,000, granted the cross appellants’ motions to set aside the verdict as excessive and ordered a new trial unless Anthony Esteves stipulated to a reduction of the award to $500,000 within a specified period of time. Order modified, on the law, by increasing the proposed award to $750,000. As so modified, order affirmed, without costs or disbursements. Plaintiff Anthony Esteves’ time to stipulate to the reduction is extended until 20 days after service upon him of a copy of the order to be made hereon, with notice of entry. Although, on the facts presented, the jury verdict of $1,098,000 was excessive, the reduction proposed by the trial court was unduly severe. In order to adequately compensate Anthony Esteves for his extensive injuries and attendant pain and suffering, a reduction to $750,000 would be appropriate. We have considered the parties’ other contentions and find them to be without merit. Gulotta, J. P., Cohalan, O’Connor and Bracken, JJ., concur.

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Bluebook (online)

82 A.D.2d 906, 441 N.Y.S.2d 433, 1981 N.Y. App. Div. LEXIS 14617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esteves-v-somco-fuel-inc-nyappdiv-1981.