Phang v. City of New York

Appellate Division of the Supreme Court of New York

Phang v. City of New York

150 A.D.2d 159, 540 N.Y.S.2d 708, 1989 N.Y. App. Div. LEXIS 5418

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 1989·Published

Opinion

Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered on January 15, 1988, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of apportionment, unless plaintiff, within 20 days after service upon her attorney of a copy of the order to be entered herein, with notice of entry, serves and files in the office of the clerk of the trial court, a written stipulation consenting to apportion liability in the percentage of 70% against the defendant City of New York and 30% against plaintiffs decedent Raymond Is Phang 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.

After review of the record, the liability appears to us to be disproportionate to the extent indicated. Concur—Sullivan, J. P., Asch, Kassal and Ellerin, JJ.

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Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered on January 15, 1988, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of apportionment, unless plaintiff, within 20 days after service upon her attorney of a copy of the order to be entered herein, with notice of entry, serves and files in the office of the clerk of the trial court, a written stipulation consenting to apportion liability in the percentage of 70% against the defendant City of New York and 30% against plaintiffs decedent Raymond Is Phang 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.

After review of the record, the liability appears to us to be disproportionate to the extent indicated. Concur—Sullivan, J. P., Asch, Kassal and Ellerin, JJ.

Phang v. City of New York, 150 A.D.2d 159, 540 N.Y.S.2d 708, 1989 N.Y. App. Div. LEXIS 5418 (N.Y. Ct. App. 1989).

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150 A.D.2d 159 (Phang v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.