Saporito v. City of New York

Appellate Division of the Supreme Court of New York

Saporito v. City of New York

20 A.D.2d 631, 246 N.Y.S.2d 992, 1964 N.Y. App. Div. LEXIS 4501

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

DecidedJanuary 28, 1964

StatusPublished

This text of 20 A.D.2d 631 (Saporito 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

Saporito v. City of New York, 20 A.D.2d 631, 246 N.Y.S.2d 992, 1964 N.Y. App. Div. LEXIS 4501 (N.Y. Ct. App. 1964).

Pincite

Opinion

Judgment in favor of plaintiff unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendant Consolidated Edison Company against the plaintiff and without costs to any other party, unless plaintiff stipulates, in lieu of the award by verdict, to accept $85,000 on the cause of action for wrongful death and $25,000 on the cause of action for pain and suffering, in which event, the judgment is modified to that extent and as thus modified, affirmed, with costs as above. On the record in this case, it is evident that the jury verdict is grossly excessive in its award of damages, and that a verdict in excess of the amounts indicated is clearly not warranted. Settle order on notice. Concur—Breitel, J. P., Yalente, Stevens, Eager and Steuer, JJ.

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Judgment in favor of plaintiff unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendant Consolidated Edison Company against the plaintiff and without costs to any other party, unless plaintiff stipulates, in lieu of the award by verdict, to accept $85,000 on the cause of action for wrongful death and $25,000 on the cause of action for pain and suffering, in which event, the judgment is modified to that extent and as thus modified, affirmed, with costs as above. On the record in this case, it is evident that the jury verdict is grossly excessive in its award of damages, and that a verdict in excess of the amounts indicated is clearly not warranted. Settle order on notice. Concur—Breitel, J. P., Yalente, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

20 A.D.2d 631, 246 N.Y.S.2d 992, 1964 N.Y. App. Div. LEXIS 4501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saporito-v-city-of-new-york-nyappdiv-1964.