Sadlon v. Newport Associates, Inc.

Appellate Division of the Supreme Court of New York

Sadlon v. Newport Associates, Inc.

59 A.D.2d 860, 399 N.Y.S.2d 120, 1977 N.Y. App. Div. LEXIS 14019

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

DecidedNovember 10, 1977

StatusPublished

This text of 59 A.D.2d 860 (Sadlon v. Newport Associates, 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

Sadlon v. Newport Associates, Inc., 59 A.D.2d 860, 399 N.Y.S.2d 120, 1977 N.Y. App. Div. LEXIS 14019 (N.Y. Ct. App. 1977).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered April 12, 1977, in plaintiff’s favor for $85,000, with interest and costs, making a total of $99,841.05, is unanimously reversed, on the law and on the facts, without costs and without disbursements and a new trial ordered limited to the issue of damages only, 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 trial court a written stipulation consenting to reduce the verdict to $50,000, and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment as so amended and reduced is affirmed, without costs and without disbursements. In this wrongful death action, involving the death of a 17-year-old boy who had lived with his parents, and who had held only summer jobs during which he made partial contributions of about $30 per week at home, there was very little basis in the evidence by which to judge what the future might have brought. In view of the statutory mandate that, in wrongful death actions, the amount of recovery shall be measured by the "pecuniary injuries * * * to the persons for whose benefit the action is brought” (EPTL 5-4.3), we [861]*861think that the verdict was excessive to the extent indicated. Concur— Kupferman, J. P., Silverman, Lane and Markewich, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County, entered April 12, 1977, in plaintiff’s favor for $85,000, with interest and costs, making a total of $99,841.05, is unanimously reversed, on the law and on the facts, without costs and without disbursements and a new trial ordered limited to the issue of damages only, 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 trial court a written stipulation consenting to reduce the verdict to $50,000, and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment as so amended and reduced is affirmed, without costs and without disbursements. In this wrongful death action, involving the death of a 17-year-old boy who had lived with his parents, and who had held only summer jobs during which he made partial contributions of about $30 per week at home, there was very little basis in the evidence by which to judge what the future might have brought. In view of the statutory mandate that, in wrongful death actions, the amount of recovery shall be measured by the "pecuniary injuries * * * to the persons for whose benefit the action is brought” (EPTL 5-4.3), we [861]*861think that the verdict was excessive to the extent indicated. Concur— Kupferman, J. P., Silverman, Lane and Markewich, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

59 A.D.2d 860, 399 N.Y.S.2d 120, 1977 N.Y. App. Div. LEXIS 14019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadlon-v-newport-associates-inc-nyappdiv-1977.