Frankel v. Strong Memorial Hospital of University

Appellate Division of the Supreme Court of New York

Frankel v. Strong Memorial Hospital of University

42 A.D.2d 956, 348 N.Y.S.2d 955, 1973 N.Y. App. Div. LEXIS 3321

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

DecidedOctober 25, 1973

StatusPublished

This text of 42 A.D.2d 956 (Frankel v. Strong Memorial Hospital of University) 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

Frankel v. Strong Memorial Hospital of University, 42 A.D.2d 956, 348 N.Y.S.2d 955, 1973 N.Y. App. Div. LEXIS 3321 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered August 4, 1972, unanimously modified, on the law, to reduce the recovery for the plaintiff Janet Frankel by $75,000 to the sum of $425,000 pursuant to CPLR 4533-b. The judgment, as thus reduced, is further unanimously modified, on the law and on the facts, and a new trial granted on the issue of damages as between plaintiff-respondent Janet Frankel and defendant-appellant and otherwise affirmed, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent Janet Frankel within 20 days of service upon her by the defendant-appellant of a copy of the order entered hereon, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to further reduce the verdict to $350,000, and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended is unanimously affirmed, without costs and without disbursements. In our opinion, the verdict in favor of plaintiff Janet Frankel was excessive to the extent indicated. Concur — Stevens, P. J., McGivern, Markewich, Nunez and Tilzer, JJ.

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Judgment, Supreme Court, New York County, entered August 4, 1972, unanimously modified, on the law, to reduce the recovery for the plaintiff Janet Frankel by $75,000 to the sum of $425,000 pursuant to CPLR 4533-b. The judgment, as thus reduced, is further unanimously modified, on the law and on the facts, and a new trial granted on the issue of damages as between plaintiff-respondent Janet Frankel and defendant-appellant and otherwise affirmed, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent Janet Frankel within 20 days of service upon her by the defendant-appellant of a copy of the order entered hereon, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to further reduce the verdict to $350,000, and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended is unanimously affirmed, without costs and without disbursements. In our opinion, the verdict in favor of plaintiff Janet Frankel was excessive to the extent indicated. Concur — Stevens, P. J., McGivern, Markewich, Nunez and Tilzer, JJ.

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Bluebook (online)

42 A.D.2d 956, 348 N.Y.S.2d 955, 1973 N.Y. App. Div. LEXIS 3321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frankel-v-strong-memorial-hospital-of-university-nyappdiv-1973.