Fizzinoglia v. Custom Lease Service, Inc.

Appellate Division of the Supreme Court of New York

Fizzinoglia v. Custom Lease Service, Inc.

90 A.D.2d 758, 457 N.Y.S.2d 414, 1982 N.Y. App. Div. LEXIS 18960

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

DecidedNovember 30, 1982

StatusPublished

This text of 90 A.D.2d 758 (Fizzinoglia v. Custom Lease Service, 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

Fizzinoglia v. Custom Lease Service, Inc., 90 A.D.2d 758, 457 N.Y.S.2d 414, 1982 N.Y. App. Div. LEXIS 18960 (N.Y. Ct. App. 1982).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Mercorella, J.), entered on November 4,1981, unanimously reversed, on the law and the facts, and a new trial ordered on the issue of damages only, without costs and without disbursements, unless plaintiff, within 20 days after 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 $15,000 and to the entry of an amended judgment in accordance therewith. If plaintiff 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 — Sullivan, J. P., Ross, Silverman, Bloom and Alexander, JJ.

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Judgment, Supreme Court, Bronx County (Mercorella, J.), entered on November 4,1981, unanimously reversed, on the law and the facts, and a new trial ordered on the issue of damages only, without costs and without disbursements, unless plaintiff, within 20 days after 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 $15,000 and to the entry of an amended judgment in accordance therewith. If plaintiff 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 — Sullivan, J. P., Ross, Silverman, Bloom and Alexander, JJ.

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Bluebook (online)

90 A.D.2d 758, 457 N.Y.S.2d 414, 1982 N.Y. App. Div. LEXIS 18960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fizzinoglia-v-custom-lease-service-inc-nyappdiv-1982.