Montalto v. Davis

Appellate Division of the Supreme Court of New York

Montalto v. Davis

27 A.D.2d 929, 281 N.Y.S.2d 735, 1967 N.Y. App. Div. LEXIS 4322

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

DecidedApril 27, 1967

StatusPublished

This text of 27 A.D.2d 929 (Montalto v. Davis) 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

Montalto v. Davis, 27 A.D.2d 929, 281 N.Y.S.2d 735, 1967 N.Y. App. Div. LEXIS 4322 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment in favor of plaintiffs unanimously reversed, on the law, on the facts and in the exercise of discretion, and a new trial (assessment) granted, without costs or disbursements of this appeal, unless plaintiff, Patsy Montalto, and plaintiff, Joseph Molinelli, stipulate to accept, respectively, the sum of $6,500 and the sum of $2,000 in lieu of the amounts awarded on assessment, in which event the judgment is modified in each instance to that extent and is affirmed as thus modified, without costs or disbursements of this appeal. The new trial (assessment) on the amount of damages will be held only as to the plaintiff not stipulating to accept the reduced amount. In this personal injury negligence action, it is evident that the amounts awarded are grossly excessive and not warranted by the record. Settle order on notice. Concur — Eager, J. P., Steuer, Capozzoli, Rabin and McNally, JJ.

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

Judgment in favor of plaintiffs unanimously reversed, on the law, on the facts and in the exercise of discretion, and a new trial (assessment) granted, without costs or disbursements of this appeal, unless plaintiff, Patsy Montalto, and plaintiff, Joseph Molinelli, stipulate to accept, respectively, the sum of $6,500 and the sum of $2,000 in lieu of the amounts awarded on assessment, in which event the judgment is modified in each instance to that extent and is affirmed as thus modified, without costs or disbursements of this appeal. The new trial (assessment) on the amount of damages will be held only as to the plaintiff not stipulating to accept the reduced amount. In this personal injury negligence action, it is evident that the amounts awarded are grossly excessive and not warranted by the record. Settle order on notice. Concur — Eager, J. P., Steuer, Capozzoli, Rabin and McNally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 929, 281 N.Y.S.2d 735, 1967 N.Y. App. Div. LEXIS 4322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montalto-v-davis-nyappdiv-1967.