Gilbert v. City of New York

Appellate Division of the Supreme Court of New York

Gilbert v. City of New York

40 A.D.2d 516, 335 N.Y.S.2d 369, 1972 N.Y. App. Div. LEXIS 4034

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

DecidedJuly 5, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 516 (Gilbert 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

Gilbert v. City of New York, 40 A.D.2d 516, 335 N.Y.S.2d 369, 1972 N.Y. App. Div. LEXIS 4034 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendants from a judgment of the Supreme Court, Kings County, entered April 29, 1971 against them and in favor of plaintiff upon a jury verdict in separate amounts totaling $62,000. Judgment reversed, on the law, and new trial granted, with costs to abide the event, unless, within 20 days after service of a copy of the order to be entered hereon, with notice of entry, plaintiff serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $7,500 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, [517]*517is affirmed, without costs. The appeal did not present questions of fact. In our opinion the verdict was excessive to the extent indicated herein. Munder, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.

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Appeal by defendants from a judgment of the Supreme Court, Kings County, entered April 29, 1971 against them and in favor of plaintiff upon a jury verdict in separate amounts totaling $62,000. Judgment reversed, on the law, and new trial granted, with costs to abide the event, unless, within 20 days after service of a copy of the order to be entered hereon, with notice of entry, plaintiff serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $7,500 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, [517]*517is affirmed, without costs. The appeal did not present questions of fact. In our opinion the verdict was excessive to the extent indicated herein. Munder, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 516, 335 N.Y.S.2d 369, 1972 N.Y. App. Div. LEXIS 4034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-city-of-new-york-nyappdiv-1972.

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