Raji v. Bank Sepah-Iran

Appellate Division of the Supreme Court of New York

Raji v. Bank Sepah-Iran

149 A.D.2d 366, 1989 N.Y. App. Div. LEXIS 5225

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

DecidedApril 18, 1989

StatusPublished

This text of 149 A.D.2d 366 (Raji v. Bank Sepah-Iran) 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

Raji v. Bank Sepah-Iran, 149 A.D.2d 366, 1989 N.Y. App. Div. LEXIS 5225 (N.Y. Ct. App. 1989).

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Opinion

— Motion for reargument, reconsideration or clarification granted to the extent of resettling this court’s order entered on December 13, 1988 [145 AD2d 331] and recalling and vacating the memorandum decision filed therewith and substituting the following memorandum therefor:

Order and judgment (one paper), Supreme Court, New York County (Martin Evans, J.), entered on September 2, 1987, unanimously modified, on the law and on the facts, and a new trial ordered solely on the issue of damages, unless plaintiffs, within 20 days after service upon their attorney of a copy of the order to be entered herein, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in favor of plaintiff Seyed M. Raji to (1) $500,000 compensatory damages for slander, (2) $200,000 for punitive damages, and (3) to reduce the verdict in favor of plaintiff Marilyn C. Raji to $50,000 for loss of consortium, and said order and judgment, in all other respects, including the award of $320,167 for breach of contract, is otherwise affirmed, without costs or disbursements. If the plaintiffs so stipulate, the order and judgment (one paper), as so amended, is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Murphy, P. J., Ross, Milonas, Ellerin and Smith, JJ.

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— Motion for reargument, reconsideration or clarification granted to the extent of resettling this court’s order entered on December 13, 1988 [145 AD2d 331] and recalling and vacating the memorandum decision filed therewith and substituting the following memorandum therefor:

Order and judgment (one paper), Supreme Court, New York County (Martin Evans, J.), entered on September 2, 1987, unanimously modified, on the law and on the facts, and a new trial ordered solely on the issue of damages, unless plaintiffs, within 20 days after service upon their attorney of a copy of the order to be entered herein, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in favor of plaintiff Seyed M. Raji to (1) $500,000 compensatory damages for slander, (2) $200,000 for punitive damages, and (3) to reduce the verdict in favor of plaintiff Marilyn C. Raji to $50,000 for loss of consortium, and said order and judgment, in all other respects, including the award of $320,167 for breach of contract, is otherwise affirmed, without costs or disbursements. If the plaintiffs so stipulate, the order and judgment (one paper), as so amended, is affirmed, without costs and without disbursements.

After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Murphy, P. J., Ross, Milonas, Ellerin and Smith, JJ.

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Bluebook (online)

149 A.D.2d 366, 1989 N.Y. App. Div. LEXIS 5225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raji-v-bank-sepah-iran-nyappdiv-1989.