Ruppert v. Bronx Lebanon Hospital Center

Appellate Division of the Supreme Court of New York

Ruppert v. Bronx Lebanon Hospital Center

99 A.D.2d 434, 470 N.Y.S.2d 1005, 1984 N.Y. App. Div. LEXIS 16589

Appellate Division of the Supreme Court of the State of New York·Decided January 10, 1984·Published

Opinion

Judgment, Supreme Court, Bronx County (Dorothy E. Kent, J.), entered on December 27,1982, unanimously reversed, to the extent appealed from, on the law and the facts, to the extent of vacating the judgment in favor of plaintiff-appellant and ordering a new trial on the issue of damages, for pain and suffering only, with $75 costs and disbursements of this appeal to abide the event, unless the defendant-respondent, within 20 days after service upon its attorney 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 increase the award to said plaintiff-appellant to $200,000 and to the entry of an amended judgment in accordance therewith. If defendant-respondent so stipulates, the judgment, as so amended and increased, is affirmed, without costs and without disbursements. After review of the record, we find the damages awarded inadequate to the extent indicated. Concur — Kupferman, J. P., Sullivan, Carro, Milonas and Kassal, JJ.

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Judgment, Supreme Court, Bronx County (Dorothy E. Kent, J.), entered on December 27,1982, unanimously reversed, to the extent appealed from, on the law and the facts, to the extent of vacating the judgment in favor of plaintiff-appellant and ordering a new trial on the issue of damages, for pain and suffering only, with $75 costs and disbursements of this appeal to abide the event, unless the defendant-respondent, within 20 days after service upon its attorney 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 increase the award to said plaintiff-appellant to $200,000 and to the entry of an amended judgment in accordance therewith. If defendant-respondent so stipulates, the judgment, as so amended and increased, is affirmed, without costs and without disbursements. After review of the record, we find the damages awarded inadequate to the extent indicated. Concur — Kupferman, J. P., Sullivan, Carro, Milonas and Kassal, JJ.

Ruppert v. Bronx Lebanon Hospital Center, 99 A.D.2d 434, 470 N.Y.S.2d 1005, 1984 N.Y. App. Div. LEXIS 16589 (N.Y. Ct. App. 1984).

Pincite

99 A.D.2d 434 (Ruppert v. Bronx Lebanon Hospital Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.