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Robertson v. Spectrum Applications, Inc.

273 A.D.2d 846, 710 N.Y.S.2d 293, 2000 N.Y. App. Div. LEXIS 6821
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 16, 2000
DocketAppeal No. 1
StatusPublished

This text of 273 A.D.2d 846 (Robertson v. Spectrum Applications, Inc.) 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
Robertson v. Spectrum Applications, Inc., 273 A.D.2d 846, 710 N.Y.S.2d 293, 2000 N.Y. App. Div. LEXIS 6821 (N.Y. Ct. App. 2000).

Opinion

Judgment unanimously affirmed without costs. Memorandum: Because plaintiff did not accept payment or the benefits of the judgment, his appeal from the judgment is not precluded (see, Kriesel v May Dept. Stores Co., 261 AD2d 837; see also, Cornell v T. V. Dev. Corp., 17 NY2d 69, 73). Contrary to plaintiffs contention, however, the jury’s award of damages does not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]; Banks v Lindenbaum, 201 AD2d 523). (Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Negligence.) Present — Pigott, Jr., P. J., Pine, Hurlbutt and Lawton, JJ.

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Related

Cornell v. T. V. Development Corp.
215 N.E.2d 349 (New York Court of Appeals, 1966)
Banks v. Lindenbaum
201 A.D.2d 523 (Appellate Division of the Supreme Court of New York, 1994)
Kriesel v. May Department Stores Co.
261 A.D.2d 837 (Appellate Division of the Supreme Court of New York, 1999)

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Bluebook (online)
273 A.D.2d 846, 710 N.Y.S.2d 293, 2000 N.Y. App. Div. LEXIS 6821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-spectrum-applications-inc-nyappdiv-2000.