Pampellonne v. United States Trust Co.

Appellate Division of the Supreme Court of New York

Pampellonne v. United States Trust Co.

99 A.D.2d 733, 472 N.Y.S.2d 862, 1984 N.Y. App. Div. LEXIS 17091

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

DecidedFebruary 23, 1984

StatusPublished

This text of 99 A.D.2d 733 (Pampellonne v. United States Trust Co.) 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

Pampellonne v. United States Trust Co., 99 A.D.2d 733, 472 N.Y.S.2d 862, 1984 N.Y. App. Div. LEXIS 17091 (N.Y. Ct. App. 1984).

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Opinions

Judgment, Supreme Court, New York County (Albert E. Blinder, J.), entered on March 7, 1983, modified, on the law and the facts, to the extent of reversing and setting aside the verdict in favor of plaintiff Otto Pampellonne and directing a new trial solely on the issue of damages to said plaintiff and otherwise affirmed, without costs, unless plaintiff Otto Pampellonne, within 20 days after service upon his attorney of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $700,000 less 25% thereof as a result of the comparative negligence found by the jury to be attributable to said plaintiff, and to the entry of an amended judgment in accordance therewith. If plaintiff [734]*734Otto Pampellonne so stipulates, the judgment, as so amended and 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 — Sullivan, J. P., Ross, Asch and Bloom, JJ.

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Judgment, Supreme Court, New York County (Albert E. Blinder, J.), entered on March 7, 1983, modified, on the law and the facts, to the extent of reversing and setting aside the verdict in favor of plaintiff Otto Pampellonne and directing a new trial solely on the issue of damages to said plaintiff and otherwise affirmed, without costs, unless plaintiff Otto Pampellonne, within 20 days after service upon his attorney of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $700,000 less 25% thereof as a result of the comparative negligence found by the jury to be attributable to said plaintiff, and to the entry of an amended judgment in accordance therewith. If plaintiff [734]*734Otto Pampellonne so stipulates, the judgment, as so amended and 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 — Sullivan, J. P., Ross, Asch and Bloom, JJ.

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Bluebook (online)

99 A.D.2d 733, 472 N.Y.S.2d 862, 1984 N.Y. App. Div. LEXIS 17091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pampellonne-v-united-states-trust-co-nyappdiv-1984.