Genoval v. City of New York

Appellate Division of the Supreme Court of New York

Genoval v. City of New York

88 A.D.2d 986, 452 N.Y.S.2d 851, 1982 N.Y. App. Div. LEXIS 17377

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

DecidedJune 28, 1982

StatusPublished

This text of 88 A.D.2d 986 (Genoval 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

Genoval v. City of New York, 88 A.D.2d 986, 452 N.Y.S.2d 851, 1982 N.Y. App. Div. LEXIS 17377 (N.Y. Ct. App. 1982).

Pincite

Opinion

— In consolidated actions to recover damages for wrongful death and personal injuries, defendant appeals from a judgment of the Supreme Court, Richmond County (Sacks, J.), entered September 19, 1980, and resettled on March 30, 1981, which is in favor of plaintiffs and against'it, after a jury trial. Judgment, as resettled, modified, on the law, by (1) reducing the award for damages to Isabel Genoval as guardian ad litem of Michael Breslin, Jr., based on the death of his father, Michael [987]*987Breslin, from the principal sum of $85,000 to $34,000, and (2) reducing the award for damages to Sonia Breslin based on the death of her father, Michael Breslin, from the principal sum of $56,250 to $22,500. As so modified, judgment, as resettled, affirmed, without costs or disbursements, and case remitted to Trial Term for entry of an appropriate amended judgment. During oral argument the attorney for plaintiffs Genoval and Breslin conceded that the jury’s apportionment of 60% fault on the part of decedent Michael Breslin mandates a 60% reduction in the death action awards in favor of his children. Titone, J. P., Mangano, Weinstein and Boyers, JJ., concur.

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

— In consolidated actions to recover damages for wrongful death and personal injuries, defendant appeals from a judgment of the Supreme Court, Richmond County (Sacks, J.), entered September 19, 1980, and resettled on March 30, 1981, which is in favor of plaintiffs and against'it, after a jury trial. Judgment, as resettled, modified, on the law, by (1) reducing the award for damages to Isabel Genoval as guardian ad litem of Michael Breslin, Jr., based on the death of his father, Michael [987]*987Breslin, from the principal sum of $85,000 to $34,000, and (2) reducing the award for damages to Sonia Breslin based on the death of her father, Michael Breslin, from the principal sum of $56,250 to $22,500. As so modified, judgment, as resettled, affirmed, without costs or disbursements, and case remitted to Trial Term for entry of an appropriate amended judgment. During oral argument the attorney for plaintiffs Genoval and Breslin conceded that the jury’s apportionment of 60% fault on the part of decedent Michael Breslin mandates a 60% reduction in the death action awards in favor of his children. Titone, J. P., Mangano, Weinstein and Boyers, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

88 A.D.2d 986, 452 N.Y.S.2d 851, 1982 N.Y. App. Div. LEXIS 17377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genoval-v-city-of-new-york-nyappdiv-1982.