Pellegrin v. De Vito

Appellate Division of the Supreme Court of New York

Pellegrin v. De Vito

41 A.D.2d 917, 344 N.Y.S.2d 635, 1973 N.Y. App. Div. LEXIS 4472

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

DecidedMay 15, 1973

StatusPublished

This text of 41 A.D.2d 917 (Pellegrin v. De Vito) 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

Pellegrin v. De Vito, 41 A.D.2d 917, 344 N.Y.S.2d 635, 1973 N.Y. App. Div. LEXIS 4472 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, entered October 25, 1972, unanimously modified, on the law and on the facts, and a new trial granted upon the cause of action for conscious pain and suffering, with $60 costs and disbursements to abide the event, and otherwise affirmed, unless the plaintiff administrator, within 20 days of service upon him by defendant-appellant of a copy of the order entered 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 on the cause of action for conscious pain and suffering to $7,500 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced is unanimously affirmed, without costs and without disbursements. In our opinion the amount awarded by the jury for pain and suffering was excessive and a verdict in excess of the amount indicated is not warranted on this record. Concur — Markewieh, J. P., Kupferman, Lane, Steuer and Tilzer, JJ.

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Judgment, Supreme Court, Bronx County, entered October 25, 1972, unanimously modified, on the law and on the facts, and a new trial granted upon the cause of action for conscious pain and suffering, with $60 costs and disbursements to abide the event, and otherwise affirmed, unless the plaintiff administrator, within 20 days of service upon him by defendant-appellant of a copy of the order entered 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 on the cause of action for conscious pain and suffering to $7,500 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced is unanimously affirmed, without costs and without disbursements. In our opinion the amount awarded by the jury for pain and suffering was excessive and a verdict in excess of the amount indicated is not warranted on this record. Concur — Markewieh, J. P., Kupferman, Lane, Steuer and Tilzer, JJ.

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Bluebook (online)

41 A.D.2d 917, 344 N.Y.S.2d 635, 1973 N.Y. App. Div. LEXIS 4472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pellegrin-v-de-vito-nyappdiv-1973.