Galvin v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York

Galvin v. Manhattan & Bronx Surface Transit Operating Authority

99 A.D.2d 691, 471 N.Y.S.2d 537, 1984 N.Y. App. Div. LEXIS 17026

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 1984·Published

Opinion

Judgment, Supreme Court, Bronx County (C. G. Cholakis, J.), entered October 29,1982 in favor of plaintiff for $2,000,000, plus accrued interest and costs, is unanimously reversed, on the law and the facts, without costs and without disbursements, and a new trial is ordered as to damages only, unless within 20 days after service of a copy of the order on this appeal plaintiff files with the clerk of the Supreme Court and serves upon defendant’s attorney a stipulation consenting to reduce the verdict as to total damages suffered by plaintiff from $2,500,000 to $1,250,000, liability for such damages to be apportioned in accordance with the jury’s [692]*692determination of comparative culpability, and to the entry of a judgment in accordance with such verdict, as reduced, in the principal amount of $1,000,000 in favor of plaintiff together with appropriate interest and costs; if such stipulation is timely filed and served, the judgment as modified is affirmed, without costs on appeal. The verdict is excessive to the extent indicated. Concur — Sandler, J. P., Asch, Silverman, Fein and Milonas, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County (C. G. Cholakis, J.), entered October 29,1982 in favor of plaintiff for $2,000,000, plus accrued interest and costs, is unanimously reversed, on the law and the facts, without costs and without disbursements, and a new trial is ordered as to damages only, unless within 20 days after service of a copy of the order on this appeal plaintiff files with the clerk of the Supreme Court and serves upon defendant’s attorney a stipulation consenting to reduce the verdict as to total damages suffered by plaintiff from $2,500,000 to $1,250,000, liability for such damages to be apportioned in accordance with the jury’s [692]*692determination of comparative culpability, and to the entry of a judgment in accordance with such verdict, as reduced, in the principal amount of $1,000,000 in favor of plaintiff together with appropriate interest and costs; if such stipulation is timely filed and served, the judgment as modified is affirmed, without costs on appeal. The verdict is excessive to the extent indicated. Concur — Sandler, J. P., Asch, Silverman, Fein and Milonas, JJ.

Galvin v. Manhattan & Bronx Surface Transit Operating Authority, 99 A.D.2d 691, 471 N.Y.S.2d 537, 1984 N.Y. App. Div. LEXIS 17026 (N.Y. Ct. App. 1984).

Pincite

99 A.D.2d 691 (Galvin v. Manhattan & Bronx Surface Transit Operating Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.