Roselli v. City of New York

Appellate Division of the Supreme Court of New York

Roselli v. City of New York

161 A.D.2d 324, 556 N.Y.S.2d 476, 1990 N.Y. App. Div. LEXIS 5261

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

DecidedMay 10, 1990

StatusPublished

This text of 161 A.D.2d 324 (Roselli v. City of New York) 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

Roselli v. City of New York, 161 A.D.2d 324, 556 N.Y.S.2d 476, 1990 N.Y. App. Div. LEXIS 5261 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment, Supreme Court, New York County (Francis N. Pecora, J.), entered on February 23, 1989, unanimously modified, on the law and the facts, to the extent of reversing the judgment in favor of plaintiff and a new trial ordered on the issue of damages, with $250 costs and disbursements of this appeal to abide the event, and said judgment is otherwise affirmed unless plaintiff, within 20 days after service upon him of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court, a written stipulation consenting to a reduction of the award to $90,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the [325]*325judgment, as so amended, is affirmed, without costs and without disbursements.

Appeal from the order of said court entered on October 28, 1988 is dismissed as abandoned, without, costs or disbursements.

We find the damages excessive to the extent indicated. We have examined the other issues raised by defendant and find them to be without merit. Concur—Murphy, P. J., Ross, Asch and Wallach, JJ.

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Judgment, Supreme Court, New York County (Francis N. Pecora, J.), entered on February 23, 1989, unanimously modified, on the law and the facts, to the extent of reversing the judgment in favor of plaintiff and a new trial ordered on the issue of damages, with $250 costs and disbursements of this appeal to abide the event, and said judgment is otherwise affirmed unless plaintiff, within 20 days after service upon him of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court, a written stipulation consenting to a reduction of the award to $90,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the [325]*325judgment, as so amended, is affirmed, without costs and without disbursements.

Appeal from the order of said court entered on October 28, 1988 is dismissed as abandoned, without, costs or disbursements.

We find the damages excessive to the extent indicated. We have examined the other issues raised by defendant and find them to be without merit. Concur—Murphy, P. J., Ross, Asch and Wallach, JJ.

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Bluebook (online)

161 A.D.2d 324, 556 N.Y.S.2d 476, 1990 N.Y. App. Div. LEXIS 5261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roselli-v-city-of-new-york-nyappdiv-1990.