Frey v. Central Valley National Bank

Appellate Division of the Supreme Court of New York

Frey v. Central Valley National Bank

77 A.D.2d 580, 429 N.Y.S.2d 1019, 1980 N.Y. App. Div. LEXIS 12300

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

DecidedJuly 14, 1980

StatusPublished

This text of 77 A.D.2d 580 (Frey v. Central Valley National Bank) 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

Frey v. Central Valley National Bank, 77 A.D.2d 580, 429 N.Y.S.2d 1019, 1980 N.Y. App. Div. LEXIS 12300 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action to recover damages for malicious prosecution, defendants Sears, Roebuck & [581]*581Co. and Mitchell P. Yanik appeal from a judgment of the Supreme Court, Orange County, entered October 15, 1979, which, upon a jury verdict, awarded plaintiff $55,250 as compensatory damages payable by both appellants, $240,000 as punitive damages payable by appellant Sears and $60,000 as punitive damages payable by appellant Yanik. Judgment modified, on the law, by deleting therefrom the provision awarding plaintiff punitive damages against defendants Sears and Yanik and substituting therefor a provision severing that claim as against said defendants and granting a new trial with respect thereto limited to the issue of damages only unless plaintiff serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict as to punitive damages to $65,000 to be apportioned 80% against defendant Sears and 20% against defendant Yanik. As so modified, judgment affirmed, without costs or disbursements. The time for plaintiff to serve and file the stipulation is extended until 20 days after service upon her of a copy of the order to be made hereon, together with notice of entry thereof. In the event plaintiff so stipulates, then the judgment as so reduced and amended, is affirmed, without costs or disbursements. The punitive damages awarded were excessive to the extent indicated herein. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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In an action to recover damages for malicious prosecution, defendants Sears, Roebuck & [581]*581Co. and Mitchell P. Yanik appeal from a judgment of the Supreme Court, Orange County, entered October 15, 1979, which, upon a jury verdict, awarded plaintiff $55,250 as compensatory damages payable by both appellants, $240,000 as punitive damages payable by appellant Sears and $60,000 as punitive damages payable by appellant Yanik. Judgment modified, on the law, by deleting therefrom the provision awarding plaintiff punitive damages against defendants Sears and Yanik and substituting therefor a provision severing that claim as against said defendants and granting a new trial with respect thereto limited to the issue of damages only unless plaintiff serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict as to punitive damages to $65,000 to be apportioned 80% against defendant Sears and 20% against defendant Yanik. As so modified, judgment affirmed, without costs or disbursements. The time for plaintiff to serve and file the stipulation is extended until 20 days after service upon her of a copy of the order to be made hereon, together with notice of entry thereof. In the event plaintiff so stipulates, then the judgment as so reduced and amended, is affirmed, without costs or disbursements. The punitive damages awarded were excessive to the extent indicated herein. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Bluebook (online)

77 A.D.2d 580, 429 N.Y.S.2d 1019, 1980 N.Y. App. Div. LEXIS 12300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frey-v-central-valley-national-bank-nyappdiv-1980.