Heyer v. City of New York

Appellate Division of the Supreme Court of New York

Heyer v. City of New York

109 A.D.2d 662, 487 N.Y.S.2d 537, 1985 N.Y. App. Div. LEXIS 47143

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

DecidedMarch 19, 1985

StatusPublished

Cited by3 cases

This text of 109 A.D.2d 662 (Heyer 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

Heyer v. City of New York, 109 A.D.2d 662, 487 N.Y.S.2d 537, 1985 N.Y. App. Div. LEXIS 47143 (N.Y. Ct. App. 1985).

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Opinion

— Judgment, Supreme Court, Bronx County (Wallace R. Cotton, J.), entered on November 9, 1983, unanimously reversed, on the law and the facts, and a new trial ordered solely on the issue of damages, without costs and without disbursements, unless plaintiffs, within 20 days after service of a copy of the order to be entered herein upon their attorney, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in their favor to $850,000 and to the entry of an amended judgment in accordance therewith. If the plaintiffs so stipulate, 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., Sandler, Sullivan and Fein, JJ.

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— Judgment, Supreme Court, Bronx County (Wallace R. Cotton, J.), entered on November 9, 1983, unanimously reversed, on the law and the facts, and a new trial ordered solely on the issue of damages, without costs and without disbursements, unless plaintiffs, within 20 days after service of a copy of the order to be entered herein upon their attorney, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in their favor to $850,000 and to the entry of an amended judgment in accordance therewith. If the plaintiffs so stipulate, 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., Sandler, Sullivan and Fein, JJ.

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Bluebook (online)

109 A.D.2d 662, 487 N.Y.S.2d 537, 1985 N.Y. App. Div. LEXIS 47143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heyer-v-city-of-new-york-nyappdiv-1985.

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