Koziol v. Wolf

Appellate Division of the Supreme Court of New York

Koziol v. Wolf

38 A.D.2d 589, 328 N.Y.S.2d 392, 1971 N.Y. App. Div. LEXIS 2649

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

DecidedDecember 20, 1971

StatusPublished

This text of 38 A.D.2d 589 (Koziol v. Wolf) 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

Koziol v. Wolf, 38 A.D.2d 589, 328 N.Y.S.2d 392, 1971 N.Y. App. Div. LEXIS 2649 (N.Y. Ct. App. 1971).

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Opinion

In an action to recover damages for wrongful death, defendants Wolf and Seibert appeal from a judgment of the Supreme Court, Suffolk County, entered October 7, 1970 in favor of plaintiff against them, upon a jury verdict of $95,000. Judgment reversed, on the law, and new trial granted, with costs to abide the event unless, within 30 days after the entry of the order hereon, plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $75,000 and to the entry of an amended judgment accordingly, in which event, the judgment, as so amended, is affirmed, without costs. In our opinion, under all the circumstances of this ease the verdict was excessive to the extent indicated herein. Hopkins, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action to recover damages for wrongful death, defendants Wolf and Seibert appeal from a judgment of the Supreme Court, Suffolk County, entered October 7, 1970 in favor of plaintiff against them, upon a jury verdict of $95,000. Judgment reversed, on the law, and new trial granted, with costs to abide the event unless, within 30 days after the entry of the order hereon, plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $75,000 and to the entry of an amended judgment accordingly, in which event, the judgment, as so amended, is affirmed, without costs. In our opinion, under all the circumstances of this ease the verdict was excessive to the extent indicated herein. Hopkins, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 589, 328 N.Y.S.2d 392, 1971 N.Y. App. Div. LEXIS 2649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koziol-v-wolf-nyappdiv-1971.