Perry v. City of New York

Appellate Division of the Supreme Court of New York

Perry v. City of New York

115 A.D.2d 376, 496 N.Y.S.2d 341, 1985 N.Y. App. Div. LEXIS 54775

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

DecidedDecember 5, 1985

StatusPublished

Cited by5 cases

This text of 115 A.D.2d 376 (Perry v. City of New York) 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

Perry v. City of New York, 115 A.D.2d 376, 496 N.Y.S.2d 341, 1985 N.Y. App. Div. LEXIS 54775 (N.Y. Ct. App. 1985).

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Opinion

Judgment, Supreme Court, New York County (Francis N. Pécora, J.), entered on October 16, 1984, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of damages unless the plaintiff, within 20 days after service upon his attorney of a copy of the order to be entered herein, serves and files in the office of the clerk of the trial court a written stipulation consenting to a reduction of the verdict in his favor to $260,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended, is unanimously affirmed, without costs or disbursements.

Our disposition is based upon the view that the award hereunder of $100,000 for false arrest and false imprisonment is grossly excessive and that $10,000 for such false arrest and imprisonment is appropriate under all the circumstances. We have examined the other contentions raised by these cross appeals and find that they are without merit. Concur—Kupferman, J. P., Sullivan, Ross, Rosenberger and Ellerin, JJ.

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Judgment, Supreme Court, New York County (Francis N. Pécora, J.), entered on October 16, 1984, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of damages unless the plaintiff, within 20 days after service upon his attorney of a copy of the order to be entered herein, serves and files in the office of the clerk of the trial court a written stipulation consenting to a reduction of the verdict in his favor to $260,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended, is unanimously affirmed, without costs or disbursements.

Our disposition is based upon the view that the award hereunder of $100,000 for false arrest and false imprisonment is grossly excessive and that $10,000 for such false arrest and imprisonment is appropriate under all the circumstances. We have examined the other contentions raised by these cross appeals and find that they are without merit. Concur—Kupferman, J. P., Sullivan, Ross, Rosenberger and Ellerin, JJ.

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Bluebook (online)

115 A.D.2d 376, 496 N.Y.S.2d 341, 1985 N.Y. App. Div. LEXIS 54775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-city-of-new-york-nyappdiv-1985.

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