Philips v. Vosburgh

Appellate Division of the Supreme Court of New York

Philips v. Vosburgh

81 A.D.2d 799, 440 N.Y.S.2d 584, 1981 N.Y. App. Div. LEXIS 11455

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

DecidedMay 26, 1981

StatusPublished

This text of 81 A.D.2d 799 (Philips v. Vosburgh) 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

Philips v. Vosburgh, 81 A.D.2d 799, 440 N.Y.S.2d 584, 1981 N.Y. App. Div. LEXIS 11455 (N.Y. Ct. App. 1981).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered on December 27, 1979, unanimously reversed, on the law and the facts, and a new trial ordered on the issue of damages only with respect to plaintiff Helen Philips, without costs and without disbursements, unless plaintiff Helen Philips, within 20 days after service upon her 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 her favor to $75,000 and to the entry of an amended judgment in accordance therewith. If plaintiff Helen Philips 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. The order of said court entered on January 9, 1980 denying defendant’s motion for an order directing the entry of judgment in the sum of $50,000 is unanimously affirmed, without costs and without disbursements. Concur — Murphy, P. J., Kupferman, Sandler, Ross and Silverman, JJ.

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Judgment, Supreme Court, New York County, entered on December 27, 1979, unanimously reversed, on the law and the facts, and a new trial ordered on the issue of damages only with respect to plaintiff Helen Philips, without costs and without disbursements, unless plaintiff Helen Philips, within 20 days after service upon her 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 her favor to $75,000 and to the entry of an amended judgment in accordance therewith. If plaintiff Helen Philips 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. The order of said court entered on January 9, 1980 denying defendant’s motion for an order directing the entry of judgment in the sum of $50,000 is unanimously affirmed, without costs and without disbursements. Concur — Murphy, P. J., Kupferman, Sandler, Ross and Silverman, JJ.

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Bluebook (online)

81 A.D.2d 799, 440 N.Y.S.2d 584, 1981 N.Y. App. Div. LEXIS 11455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philips-v-vosburgh-nyappdiv-1981.