Lubow v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Lubow v. New York City Transit Authority

61 A.D.2d 768, 402 N.Y.S.2d 783, 1978 N.Y. App. Div. LEXIS 10168

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

DecidedFebruary 21, 1978

StatusPublished

This text of 61 A.D.2d 768 (Lubow v. New York City Transit Authority) 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

Lubow v. New York City Transit Authority, 61 A.D.2d 768, 402 N.Y.S.2d 783, 1978 N.Y. App. Div. LEXIS 10168 (N.Y. Ct. App. 1978).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered May 31, 1977, unanimously reversed, on the law and on the facts, and a new trial directed on the issue of damages only, with $60 costs and disbursements of this appeal to appellant, unless plaintiff, within 20 days after service upon her by defendant of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor to $100,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended and reduced, is unanimously affirmed, without costs and without disbursements. The damages proven by plaintiff warranted a verdict no greater than the $100,000 to which plaintiffs recovery should be limited. In other respects, the court has reviewed the contentions of error urged by the defendant-appellant; those of any technical merit are found nonprejudicial. Concur—Kupferman, J. P., Lupiano, Yesawich, Sandler and Sullivan, JJ.

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Judgment, Supreme Court, New York County, entered May 31, 1977, unanimously reversed, on the law and on the facts, and a new trial directed on the issue of damages only, with $60 costs and disbursements of this appeal to appellant, unless plaintiff, within 20 days after service upon her by defendant of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor to $100,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended and reduced, is unanimously affirmed, without costs and without disbursements. The damages proven by plaintiff warranted a verdict no greater than the $100,000 to which plaintiffs recovery should be limited. In other respects, the court has reviewed the contentions of error urged by the defendant-appellant; those of any technical merit are found nonprejudicial. Concur—Kupferman, J. P., Lupiano, Yesawich, Sandler and Sullivan, JJ.

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Bluebook (online)

61 A.D.2d 768, 402 N.Y.S.2d 783, 1978 N.Y. App. Div. LEXIS 10168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lubow-v-new-york-city-transit-authority-nyappdiv-1978.