Gerbino v. Stewart

Appellate Division of the Supreme Court of New York

Gerbino v. Stewart

13 A.D.3d 1067, 786 N.Y.S.2d 769, 2004 N.Y. App. Div. LEXIS 16268

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

DecidedDecember 30, 2004

DocketAppeal No. 1

StatusPublished

This text of 13 A.D.3d 1067 (Gerbino v. Stewart) 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

Gerbino v. Stewart, 13 A.D.3d 1067, 786 N.Y.S.2d 769, 2004 N.Y. App. Div. LEXIS 16268 (N.Y. Ct. App. 2004).

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Opinion

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William E Polito, J.), entered September 23, 2003 in a personal injury action. The [1068]*1068order and judgment were entered upon a jury verdict in favor of plaintiffs and against defendants Tinseltown USA and Cinemark USA, Inc.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the award of damages for lost wages and as modified the order and judgment is affirmed without costs and a new trial is granted on damages for lost wages.

Same memorandum as Gerbino v Tinseltown USA (13 AD3d 1068 [2004]). Present—Pigott, Jr., P.J., Pine, Scudder, Martoche and Lawton, JJ.

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Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William E Polito, J.), entered September 23, 2003 in a personal injury action. The [1068]*1068order and judgment were entered upon a jury verdict in favor of plaintiffs and against defendants Tinseltown USA and Cinemark USA, Inc.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the award of damages for lost wages and as modified the order and judgment is affirmed without costs and a new trial is granted on damages for lost wages.

Same memorandum as Gerbino v Tinseltown USA (13 AD3d 1068 [2004]). Present—Pigott, Jr., P.J., Pine, Scudder, Martoche and Lawton, JJ.

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Bluebook (online)

13 A.D.3d 1067, 786 N.Y.S.2d 769, 2004 N.Y. App. Div. LEXIS 16268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerbino-v-stewart-nyappdiv-2004.

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