Hockert v. Sun and Surf Beach Club, Inc.

Appellate Division of the Supreme Court of New York

Hockert v. Sun and Surf Beach Club, Inc.

61 A.D.2d 1008, 402 N.Y.S.2d 976, 1978 N.Y. App. Div. LEXIS 10636

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

DecidedMarch 13, 1978

StatusPublished

This text of 61 A.D.2d 1008 (Hockert v. Sun and Surf Beach Club, Inc.) 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

Hockert v. Sun and Surf Beach Club, Inc., 61 A.D.2d 1008, 402 N.Y.S.2d 976, 1978 N.Y. App. Div. LEXIS 10636 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., the defendant Sun and Surf Beach Club, Inc., appeals from a judgment of the Supreme Court, Queens County, entered March 22, 1977, which, upon a jury verdict, is in favor of plaintiff Nancy Hockert in the sum of $200,000 and plaintiff Jenkin Hockert in thé sum of $50,000. Judgment insofar as it is in favor of plaintiff Nancy Hockert, affirmed, without costs or disbursements. Judgment insofar as it is in favor of plaintiff Jenkin Hockert, reversed, on the law, and as between said plaintiff and appellant, action severed and new trial granted with respect to the issue of damages only, with costs to abide the event, unless within 20 days after entry of the order to be made hereon, the said plaintiff shall serve and file in the office of the clerk of the trial court, a written stipulation consenting to reduce the verdict in his favor to $10,000, and to the entry of an amended judgment accordingly, in which event, the judgment in his favor, as so reduced and amended, is affirmed, without costs or disbursements. The verdict in favor of plaintiff Jenkin Hockert was excessive to the extent indicated herein. Hopkins, J. P., Martuscello, Titone and Hawkins, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., the defendant Sun and Surf Beach Club, Inc., appeals from a judgment of the Supreme Court, Queens County, entered March 22, 1977, which, upon a jury verdict, is in favor of plaintiff Nancy Hockert in the sum of $200,000 and plaintiff Jenkin Hockert in thé sum of $50,000. Judgment insofar as it is in favor of plaintiff Nancy Hockert, affirmed, without costs or disbursements. Judgment insofar as it is in favor of plaintiff Jenkin Hockert, reversed, on the law, and as between said plaintiff and appellant, action severed and new trial granted with respect to the issue of damages only, with costs to abide the event, unless within 20 days after entry of the order to be made hereon, the said plaintiff shall serve and file in the office of the clerk of the trial court, a written stipulation consenting to reduce the verdict in his favor to $10,000, and to the entry of an amended judgment accordingly, in which event, the judgment in his favor, as so reduced and amended, is affirmed, without costs or disbursements. The verdict in favor of plaintiff Jenkin Hockert was excessive to the extent indicated herein. Hopkins, J. P., Martuscello, Titone and Hawkins, JJ., concur.

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Bluebook (online)

61 A.D.2d 1008, 402 N.Y.S.2d 976, 1978 N.Y. App. Div. LEXIS 10636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hockert-v-sun-and-surf-beach-club-inc-nyappdiv-1978.