Hendrickson v. Master Water Proofers, Inc.

Appellate Division of the Supreme Court of New York

Hendrickson v. Master Water Proofers, Inc.

51 A.D.2d 528, 378 N.Y.S.2d 1001, 1976 N.Y. App. Div. LEXIS 10746

Appellate Division of the Supreme Court of the State of New York·Decided January 27, 1976·Published

Opinion

Judgment, Supreme Court, New York County, entered March 21, 1975, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendant-appellant of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $90,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Lupiano, J. P., Birns, Capozzoli, Lane and Nunez, JJ.

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Judgment, Supreme Court, New York County, entered March 21, 1975, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendant-appellant of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $90,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Lupiano, J. P., Birns, Capozzoli, Lane and Nunez, JJ.

Hendrickson v. Master Water Proofers, Inc., 51 A.D.2d 528, 378 N.Y.S.2d 1001, 1976 N.Y. App. Div. LEXIS 10746 (N.Y. Ct. App. 1976).

Pincite

51 A.D.2d 528 (Hendrickson v. Master Water Proofers, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.