Galasso v. City of New York

Appellate Division of the Supreme Court of New York

Galasso v. City of New York

25 A.D.2d 886, 272 N.Y.S.2d 113, 1966 N.Y. App. Div. LEXIS 4075

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

DecidedMay 31, 1966

StatusPublished

This text of 25 A.D.2d 886 (Galasso 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

Galasso v. City of New York, 25 A.D.2d 886, 272 N.Y.S.2d 113, 1966 N.Y. App. Div. LEXIS 4075 (N.Y. Ct. App. 1966).

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Opinion

In an action to recover damages for assault and false imprisonment, each of the defendants appeals, separately, from so much of a judgment of the Supreme Court, Richmond County, entered April 21, 1964 as is in favor of plaintiff, individually, against it or him, respectively, upon so much of a jury verdict as granted her $8,000 for compensatory damages. Judgment insofar as appealed from reversed, on the law and the facta; action as between plaintiff, [887]*887individually, and defendants insofar as it is for compensatory damages severed; and new trial granted as between said parties for such damages, with costs to abide tbe event, unless, within 30 days after entry of the order hereon, plaintiff shall serve and file a written stipulation consenting to reduce to $5,000 the amount of the verdict in her favor for compensatory damages and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended and insofar as appealed from, is affirmed, without costs. In our opinion the verdict insofar as it was in favor of plaintiff, individually, for compensatory damages was excessive to the extent indicated.

Beldoek, P. J., Christ, Rabin and Benjamin, JJ., concur; Hill, J., dissents and votes to affirm the judgment insofar as appealed from.

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In an action to recover damages for assault and false imprisonment, each of the defendants appeals, separately, from so much of a judgment of the Supreme Court, Richmond County, entered April 21, 1964 as is in favor of plaintiff, individually, against it or him, respectively, upon so much of a jury verdict as granted her $8,000 for compensatory damages. Judgment insofar as appealed from reversed, on the law and the facta; action as between plaintiff, [887]*887individually, and defendants insofar as it is for compensatory damages severed; and new trial granted as between said parties for such damages, with costs to abide tbe event, unless, within 30 days after entry of the order hereon, plaintiff shall serve and file a written stipulation consenting to reduce to $5,000 the amount of the verdict in her favor for compensatory damages and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended and insofar as appealed from, is affirmed, without costs. In our opinion the verdict insofar as it was in favor of plaintiff, individually, for compensatory damages was excessive to the extent indicated.

Beldoek, P. J., Christ, Rabin and Benjamin, JJ., concur; Hill, J., dissents and votes to affirm the judgment insofar as appealed from.

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Bluebook (online)

25 A.D.2d 886, 272 N.Y.S.2d 113, 1966 N.Y. App. Div. LEXIS 4075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galasso-v-city-of-new-york-nyappdiv-1966.