Puleo v. Caledonian Hospital

Appellate Division of the Supreme Court of New York

Puleo v. Caledonian Hospital

45 A.D.2d 684, 356 N.Y.S.2d 819, 1974 N.Y. App. Div. LEXIS 4756

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1974·Published

Opinion

Judgment, Supreme Court, New York County, entered on August 30, 1973, unanimously modified, on the law and on the facts, and a new trial granted as to the defendants-appellants solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendants-appellants 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 to $60,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs and without disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur — Nunez, J. P., Kupferman, Steuer, Capozzoli and Macken, JJ.

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Judgment, Supreme Court, New York County, entered on August 30, 1973, unanimously modified, on the law and on the facts, and a new trial granted as to the defendants-appellants solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendants-appellants 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 to $60,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs and without disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur — Nunez, J. P., Kupferman, Steuer, Capozzoli and Macken, JJ.

Puleo v. Caledonian Hospital, 45 A.D.2d 684, 356 N.Y.S.2d 819, 1974 N.Y. App. Div. LEXIS 4756 (N.Y. Ct. App. 1974).

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45 A.D.2d 684 (Puleo v. Caledonian Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.