Rice v. Bankers Trust Co.

Appellate Division of the Supreme Court of New York

Rice v. Bankers Trust Co.

47 A.D.2d 666, 366 N.Y.S.2d 399, 1975 N.Y. App. Div. LEXIS 8868

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

DecidedFebruary 18, 1975

StatusPublished

This text of 47 A.D.2d 666 (Rice v. Bankers Trust Co.) 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

Rice v. Bankers Trust Co., 47 A.D.2d 666, 366 N.Y.S.2d 399, 1975 N.Y. App. Div. LEXIS 8868 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County, entered April 27, 1973, as is in favor of plaintiff Helen Rice, upon a jury verdict of $180,000. Judgment reversed insofar as appealed from, on the law, and, as to plaintiff Helen Rice against defendant, action severed and new trial granted upon the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, said plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $80,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs. This court has considered the questions of fact and has determined that it would not grant a new trial upon those -questions. In our opinion the verdict was excessive to the extent indicated herein. Gulotta, P. J., Hopkins and Latham, JJ., concur; Martuscello, J., concurs, except as to the amount to which the verdict should be reduced and votes for a reduction to $100,000.

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In a negligence action to recover damages for personal injuries, etc., defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County, entered April 27, 1973, as is in favor of plaintiff Helen Rice, upon a jury verdict of $180,000. Judgment reversed insofar as appealed from, on the law, and, as to plaintiff Helen Rice against defendant, action severed and new trial granted upon the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, said plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $80,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs. This court has considered the questions of fact and has determined that it would not grant a new trial upon those -questions. In our opinion the verdict was excessive to the extent indicated herein. Gulotta, P. J., Hopkins and Latham, JJ., concur; Martuscello, J., concurs, except as to the amount to which the verdict should be reduced and votes for a reduction to $100,000.

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Bluebook (online)

47 A.D.2d 666, 366 N.Y.S.2d 399, 1975 N.Y. App. Div. LEXIS 8868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-bankers-trust-co-nyappdiv-1975.