Lawrence v. Greenstein

Appellate Division of the Supreme Court of New York

Lawrence v. Greenstein

50 A.D.2d 573, 375 N.Y.S.2d 844, 1975 N.Y. App. Div. LEXIS 12342

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

DecidedNovember 10, 1975

StatusPublished

This text of 50 A.D.2d 573 (Lawrence v. Greenstein) 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

Lawrence v. Greenstein, 50 A.D.2d 573, 375 N.Y.S.2d 844, 1975 N.Y. App. Div. LEXIS 12342 (N.Y. Ct. App. 1975).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, (1) defendant Joseph Greenstein appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated June 10, 1974, and made after a jury trial on the issue of liability only, as is against him and (2) plaintiff cross-appeals from so much of the same judgment as is in favor of defendants Vientos and Santiago and against him. Judgment modified, on the law, on the facts and in the interest of justice, by deleting therefrom the first, fifth and sixth decretal paragraphs. As so modified, judgment affirmed insofar as appealed from. Action remanded to Trial Term for a new trial (1) as between plaintiff and defendants Vientos and Santiago on the issue of liability and (2) on the cross claim of defendant Greenstein against defendants Vientos and Santiago. Costs are awarded to plaintiff as against defendant Greenstein. As between plaintiff and defendants Vientos and Santiago, costs are awarded to abide the event of the new trial. The verdict in favor of defendants Vientos and Santiago was against the weight of the evidence. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.

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— In a negligence action to recover damages for personal injuries, (1) defendant Joseph Greenstein appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated June 10, 1974, and made after a jury trial on the issue of liability only, as is against him and (2) plaintiff cross-appeals from so much of the same judgment as is in favor of defendants Vientos and Santiago and against him. Judgment modified, on the law, on the facts and in the interest of justice, by deleting therefrom the first, fifth and sixth decretal paragraphs. As so modified, judgment affirmed insofar as appealed from. Action remanded to Trial Term for a new trial (1) as between plaintiff and defendants Vientos and Santiago on the issue of liability and (2) on the cross claim of defendant Greenstein against defendants Vientos and Santiago. Costs are awarded to plaintiff as against defendant Greenstein. As between plaintiff and defendants Vientos and Santiago, costs are awarded to abide the event of the new trial. The verdict in favor of defendants Vientos and Santiago was against the weight of the evidence. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

50 A.D.2d 573, 375 N.Y.S.2d 844, 1975 N.Y. App. Div. LEXIS 12342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-greenstein-nyappdiv-1975.