McMillan v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York

McMillan v. Manhattan & Bronx Surface Transit Operating Authority

141 A.D.2d 329, 529 N.Y.S.2d 700, 1988 N.Y. App. Div. LEXIS 5905

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

DecidedJune 2, 1988

StatusPublished

This text of 141 A.D.2d 329 (McMillan v. Manhattan & Bronx Surface Transit Operating 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

McMillan v. Manhattan & Bronx Surface Transit Operating Authority, 141 A.D.2d 329, 529 N.Y.S.2d 700, 1988 N.Y. App. Div. LEXIS 5905 (N.Y. Ct. App. 1988).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered on March 13, 1987, unanimously modified on the law and the facts, and a new trial ordered solely on the issue of damages and otherwise affirmed, without costs and without disbursements, unless plaintiff, within 20 days after service of a copy of the order herein, with notice of entry, upon her attorney, serves and files in the office of the trial court a written stipulation consenting to reduce the verdict in her favor to $450,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment as so reduced is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Sandler, J. P,, Kassal, Ellerin, Wallach and Smith, JJ.

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Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered on March 13, 1987, unanimously modified on the law and the facts, and a new trial ordered solely on the issue of damages and otherwise affirmed, without costs and without disbursements, unless plaintiff, within 20 days after service of a copy of the order herein, with notice of entry, upon her attorney, serves and files in the office of the trial court a written stipulation consenting to reduce the verdict in her favor to $450,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment as so reduced is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Sandler, J. P,, Kassal, Ellerin, Wallach and Smith, JJ.

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Bluebook (online)

141 A.D.2d 329, 529 N.Y.S.2d 700, 1988 N.Y. App. Div. LEXIS 5905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-manhattan-bronx-surface-transit-operating-authority-nyappdiv-1988.