Hepburn v. Moscatiello

Appellate Division of the Supreme Court of New York

Hepburn v. Moscatiello

109 A.D.2d 657, 487 N.Y.S.2d 537, 1985 N.Y. App. Div. LEXIS 47138

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

DecidedMarch 19, 1985

StatusPublished

This text of 109 A.D.2d 657 (Hepburn v. Moscatiello) 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

Hepburn v. Moscatiello, 109 A.D.2d 657, 487 N.Y.S.2d 537, 1985 N.Y. App. Div. LEXIS 47138 (N.Y. Ct. App. 1985).

Pincite

Opinion

— Judgment, Supreme Court, Bronx County (Callahan, J.), entered on August 4, 1983, unanimously modified, on the law and the facts, and a new trial ordered on the issue of damages only with respect to plaintiff Sarah Hepburn and otherwise affirmed, without costs or disbursements, unless plaintiff Sarah Hepburn, within 20 days after service upon her attorney of a copy of the order to be entered herein, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor to $15,000 and to the entry of an amended judgment in accordance therewith. If plaintiff Sarah Hepburn so stipulates, the judgment, as so amended and reduced, is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Kupferman, J. P., Ross, Carro and Kassal, JJ.

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— Judgment, Supreme Court, Bronx County (Callahan, J.), entered on August 4, 1983, unanimously modified, on the law and the facts, and a new trial ordered on the issue of damages only with respect to plaintiff Sarah Hepburn and otherwise affirmed, without costs or disbursements, unless plaintiff Sarah Hepburn, within 20 days after service upon her attorney of a copy of the order to be entered herein, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor to $15,000 and to the entry of an amended judgment in accordance therewith. If plaintiff Sarah Hepburn so stipulates, the judgment, as so amended and reduced, is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Kupferman, J. P., Ross, Carro and Kassal, JJ.

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Bluebook (online)

109 A.D.2d 657, 487 N.Y.S.2d 537, 1985 N.Y. App. Div. LEXIS 47138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hepburn-v-moscatiello-nyappdiv-1985.