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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
Appellate Division of the Supreme Court of the State of New York·Decided June 16, 2000·No. Appeal No. 1·Published

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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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).

273 A.D.2d 846 (Robertson v. Spectrum Applications, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)