Moeller v. Town of Brookhaven

Appellate Division of the Supreme Court of New York

Moeller v. Town of Brookhaven

27 A.D.2d 560, 277 N.Y.S.2d 373, 1966 N.Y. App. Div. LEXIS 2831

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

DecidedDecember 19, 1966

StatusPublished

This text of 27 A.D.2d 560 (Moeller v. Town of Brookhaven) 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

Moeller v. Town of Brookhaven, 27 A.D.2d 560, 277 N.Y.S.2d 373, 1966 N.Y. App. Div. LEXIS 2831 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment of the Supreme Court, Suffolk County, entered January 18, 1966, reversed insofar as it is in favor of plaintiffs Charles Moeller and Emma M. Matteson, as executors, on the law and the facts, and as between said plaintiffs and defendants Davis Bros. Engineering Corp. and Curtis Davis, action severed and new trial granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, said plaintiffs shall serve and file a written stipulation consenting to reduce the amount of the verdict in their favor against said defendants from $30,000 to $20,000, with appropriate interest thereon and to the entry of an amended judgment accordingly, in which event said portion of the judgment, as so reduced and amended, is affirmed, without costs. Judgment, insofar as otherwise appealed from, affirmed, without costs. In our opinion the verdict is excessive to the extent indicated. Beldoek, P. J., TJghetta, Christ and Benjamin, JJ., concur; Hill, J., dissents from the determination of this court insofar as it relates to the individual plaintiffs and votes to affirm the judgment insofar as appealed from.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment of the Supreme Court, Suffolk County, entered January 18, 1966, reversed insofar as it is in favor of plaintiffs Charles Moeller and Emma M. Matteson, as executors, on the law and the facts, and as between said plaintiffs and defendants Davis Bros. Engineering Corp. and Curtis Davis, action severed and new trial granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, said plaintiffs shall serve and file a written stipulation consenting to reduce the amount of the verdict in their favor against said defendants from $30,000 to $20,000, with appropriate interest thereon and to the entry of an amended judgment accordingly, in which event said portion of the judgment, as so reduced and amended, is affirmed, without costs. Judgment, insofar as otherwise appealed from, affirmed, without costs. In our opinion the verdict is excessive to the extent indicated. Beldoek, P. J., TJghetta, Christ and Benjamin, JJ., concur; Hill, J., dissents from the determination of this court insofar as it relates to the individual plaintiffs and votes to affirm the judgment insofar as appealed from.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 560, 277 N.Y.S.2d 373, 1966 N.Y. App. Div. LEXIS 2831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moeller-v-town-of-brookhaven-nyappdiv-1966.