Petrino v. Hillmeyer

Appellate Division of the Supreme Court of New York

Petrino v. Hillmeyer

46 A.D.2d 682, 360 N.Y.S.2d 70, 1974 N.Y. App. Div. LEXIS 3925

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

DecidedOctober 21, 1974

StatusPublished

This text of 46 A.D.2d 682 (Petrino v. Hillmeyer) 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

Petrino v. Hillmeyer, 46 A.D.2d 682, 360 N.Y.S.2d 70, 1974 N.Y. App. Div. LEXIS 3925 (N.Y. Ct. App. 1974).

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Opinion

In a negligence action to recover damages for personal injuries and loss of consortium, defendant Hillmeyer appeals from so much of a judgment of the Supreme Court, Kings County, entered February 7, 1973, in favor a plaintiffs Fonte, [683]*683upon a jury verdict of $35,000 for plaintiff Salvatore Fonte and $5,000 for plaintiff Gloria Fonte. Judgment reversed insofar as appealed from, on the law, and as between plaintiffs Fonte and defendant Hillmeyer, action severed and new trial granted, solely on the issue of damages, with costs to abide the event, unless, within 30 days after the entry of the order to be made hereon, plaintiffs Fonte shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the $35,000 verdict to $10,000, and the $5,000 verdict to $2,000, and to the entry of amended judgment in accordance therewith, in which event the judgment as so amended and reduced is affirmed insofar as appealed from, without costs. No questions of fact were presented on this appeal. In our opinion, the verdict for plaintiffs Fonte was excessive to the extent indicated herein. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

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In a negligence action to recover damages for personal injuries and loss of consortium, defendant Hillmeyer appeals from so much of a judgment of the Supreme Court, Kings County, entered February 7, 1973, in favor a plaintiffs Fonte, [683]*683upon a jury verdict of $35,000 for plaintiff Salvatore Fonte and $5,000 for plaintiff Gloria Fonte. Judgment reversed insofar as appealed from, on the law, and as between plaintiffs Fonte and defendant Hillmeyer, action severed and new trial granted, solely on the issue of damages, with costs to abide the event, unless, within 30 days after the entry of the order to be made hereon, plaintiffs Fonte shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the $35,000 verdict to $10,000, and the $5,000 verdict to $2,000, and to the entry of amended judgment in accordance therewith, in which event the judgment as so amended and reduced is affirmed insofar as appealed from, without costs. No questions of fact were presented on this appeal. In our opinion, the verdict for plaintiffs Fonte was excessive to the extent indicated herein. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

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Bluebook (online)

46 A.D.2d 682, 360 N.Y.S.2d 70, 1974 N.Y. App. Div. LEXIS 3925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petrino-v-hillmeyer-nyappdiv-1974.