Scher v. Liberty Travel Service, Inc.

Appellate Division of the Supreme Court of New York

Scher v. Liberty Travel Service, Inc.

38 A.D.2d 581, 328 N.Y.S.2d 386, 1971 N.Y. App. Div. LEXIS 2734

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

DecidedDecember 13, 1971

StatusPublished

This text of 38 A.D.2d 581 (Scher v. Liberty Travel Service, 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

Scher v. Liberty Travel Service, Inc., 38 A.D.2d 581, 328 N.Y.S.2d 386, 1971 N.Y. App. Div. LEXIS 2734 (N.Y. Ct. App. 1971).

Pincite

Opinion

In an action to recover damages inter alia for breach of contract, defendants other than Liberty Travel Service, Inc., and “John” Bianco appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County, entered November 19, 1970, as is in favor of plaintiff against them, upon a jury verdict of $15,000. Judgment reversed insofar as appealed from, on the law, and, as between plaintiffs and the appealing defendants, action severed and new trial limited to the issue of damages granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiffs shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the amount of the verdict to $6,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so amended, is affirmed, without costs. In our opinion, the jury’s verdict was excessive to the extent indicated herein. Rabin, P. J., Munder, Martuscello, Gulotta and Brennan, JJ., concur.

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In an action to recover damages inter alia for breach of contract, defendants other than Liberty Travel Service, Inc., and “John” Bianco appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County, entered November 19, 1970, as is in favor of plaintiff against them, upon a jury verdict of $15,000. Judgment reversed insofar as appealed from, on the law, and, as between plaintiffs and the appealing defendants, action severed and new trial limited to the issue of damages granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiffs shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the amount of the verdict to $6,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so amended, is affirmed, without costs. In our opinion, the jury’s verdict was excessive to the extent indicated herein. Rabin, P. J., Munder, Martuscello, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

38 A.D.2d 581, 328 N.Y.S.2d 386, 1971 N.Y. App. Div. LEXIS 2734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scher-v-liberty-travel-service-inc-nyappdiv-1971.