Pacheco v. Williams

Appellate Division of the Supreme Court of New York

Pacheco v. Williams

224 A.D.2d 296, 641 N.Y.S.2d 830, 1996 N.Y. App. Div. LEXIS 1087

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

DecidedFebruary 15, 1996

StatusPublished

This text of 224 A.D.2d 296 (Pacheco v. Williams) 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

Pacheco v. Williams, 224 A.D.2d 296, 641 N.Y.S.2d 830, 1996 N.Y. App. Div. LEXIS 1087 (N.Y. Ct. App. 1996).

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Opinion

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered June 21, 1994, which set aside the damages verdict in plaintiff’s favor in the gross amount of $2,000 in the first trial of this action as inadequate, unanimously affirmed, without costs.

Judgment of the same court and Justice, entered October 27, 1994, which, after re-trial, awarded plaintiff the principal amount of $48,000, unanimously modified, on the facts, without costs, to the extent of vacating the judgment in plaintiff’s favor and ordering a new trial on the issue of damages only, and otherwise affirmed, unless plaintiff, within 20 days after service of a copy of this order with notice of entry stipulates to a reduction of the award of damages to the principal sum of $30,000, and to the entry of an amended judgment in accordance therewith, in which case, the judgment, as so amended, is unanimously affirmed, without costs.

The award, after re-trial, deviates materially from what would be reasonable compensation under the circumstances (CPLR 5501 [c]) and we reduce accordingly. Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

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—Order, Supreme Court, Bronx County (Alan Saks, J.), entered June 21, 1994, which set aside the damages verdict in plaintiff’s favor in the gross amount of $2,000 in the first trial of this action as inadequate, unanimously affirmed, without costs.

Judgment of the same court and Justice, entered October 27, 1994, which, after re-trial, awarded plaintiff the principal amount of $48,000, unanimously modified, on the facts, without costs, to the extent of vacating the judgment in plaintiff’s favor and ordering a new trial on the issue of damages only, and otherwise affirmed, unless plaintiff, within 20 days after service of a copy of this order with notice of entry stipulates to a reduction of the award of damages to the principal sum of $30,000, and to the entry of an amended judgment in accordance therewith, in which case, the judgment, as so amended, is unanimously affirmed, without costs.

The award, after re-trial, deviates materially from what would be reasonable compensation under the circumstances (CPLR 5501 [c]) and we reduce accordingly. Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

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Bluebook (online)

224 A.D.2d 296, 641 N.Y.S.2d 830, 1996 N.Y. App. Div. LEXIS 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacheco-v-williams-nyappdiv-1996.