Nechetsky v. T. E. V. Corp.

Appellate Division of the Supreme Court of New York

Nechetsky v. T. E. V. Corp.

29 A.D.2d 885, 289 N.Y.S.2d 743, 1968 N.Y. App. Div. LEXIS 4415

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

DecidedMarch 18, 1968

StatusPublished

This text of 29 A.D.2d 885 (Nechetsky v. T. E. V. Corp.) 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

Nechetsky v. T. E. V. Corp., 29 A.D.2d 885, 289 N.Y.S.2d 743, 1968 N.Y. App. Div. LEXIS 4415 (N.Y. Ct. App. 1968).

Pincite

Opinion

Cross appeals from a judgment of the Supreme Court, Queens County, dated March 22, 1967. (1) Judgment affirmed insofar as it is in favor of defendant T. E. V. Corp. as to the wrongful death cause of action, without costs, and reversed, on the law and facts, insofar as it is in favor of plaintiff upon the $25,000 jury verdict on the cause for pain and suffering, and severance and new trial granted as to that cause, with costs to abide the event; (2) provided, however, that if within 30 days after the entry of the order hereon plaintiff shall serve and file in the office of the Clerk of the County of Queens a written stipulation consenting to reduce the verdict upon the cause for pain and suffering to $10,000, and to the entry of an amended judgment in accordance therewith, such judgment as so reduced and amended is affirmed, without costs. As to the personal injury cause of action, it is our opinion that the award of $25,000 for pain and suffering is excessive to the extent indicated. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Cross appeals from a judgment of the Supreme Court, Queens County, dated March 22, 1967. (1) Judgment affirmed insofar as it is in favor of defendant T. E. V. Corp. as to the wrongful death cause of action, without costs, and reversed, on the law and facts, insofar as it is in favor of plaintiff upon the $25,000 jury verdict on the cause for pain and suffering, and severance and new trial granted as to that cause, with costs to abide the event; (2) provided, however, that if within 30 days after the entry of the order hereon plaintiff shall serve and file in the office of the Clerk of the County of Queens a written stipulation consenting to reduce the verdict upon the cause for pain and suffering to $10,000, and to the entry of an amended judgment in accordance therewith, such judgment as so reduced and amended is affirmed, without costs. As to the personal injury cause of action, it is our opinion that the award of $25,000 for pain and suffering is excessive to the extent indicated. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

29 A.D.2d 885, 289 N.Y.S.2d 743, 1968 N.Y. App. Div. LEXIS 4415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nechetsky-v-t-e-v-corp-nyappdiv-1968.