Lewis v. City University

Appellate Division of the Supreme Court of New York

Lewis v. City University

170 A.D.2d 191

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

DecidedFebruary 5, 1991

StatusPublished

This text of 170 A.D.2d 191 (Lewis v. City University) 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

Lewis v. City University, 170 A.D.2d 191 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx [192]*192County (Lewis R. Friedman, J.), entered on or about December 4, 1989, which, inter alia, after jury trial, found in favor of plaintiff Marjorie Lewis in the amount of $1,093,400, unanimously reversed, to the extent appealed from, on the law, the facts, and in the exercise of discretion and a new trial ordered solely on the issue of damages unless plaintiff, within 20 days after service upon her attorney of a copy of this 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 judgment in her favor from $1,093,400 ($1,451,000 reduced by 30% for contributory negligence) to $743,400, with interest, costs and disbursements, and to the entry of an amended judgment in accordance therewith. If the plaintiff so stipulates, the judgment as so amended and reduced, is unanimously affirmed, without costs.

We find the damages awarded excessive to the extent indicated. Concur—Sullivan, J. P., Carro, Kupferman, Ross and Rubin, JJ.

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Judgment, Supreme Court, Bronx [192]*192County (Lewis R. Friedman, J.), entered on or about December 4, 1989, which, inter alia, after jury trial, found in favor of plaintiff Marjorie Lewis in the amount of $1,093,400, unanimously reversed, to the extent appealed from, on the law, the facts, and in the exercise of discretion and a new trial ordered solely on the issue of damages unless plaintiff, within 20 days after service upon her attorney of a copy of this 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 judgment in her favor from $1,093,400 ($1,451,000 reduced by 30% for contributory negligence) to $743,400, with interest, costs and disbursements, and to the entry of an amended judgment in accordance therewith. If the plaintiff so stipulates, the judgment as so amended and reduced, is unanimously affirmed, without costs.

We find the damages awarded excessive to the extent indicated. Concur—Sullivan, J. P., Carro, Kupferman, Ross and Rubin, JJ.

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Bluebook (online)

170 A.D.2d 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-city-university-nyappdiv-1991.