Schirrmeister v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York

Schirrmeister v. Manhattan & Bronx Surface Transit Operating Authority

47 A.D.2d 732, 368 N.Y.S.2d 453, 1975 N.Y. App. Div. LEXIS 8996

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1975·Published

Opinion

[733] Judgment, Supreme Court, New York County, entered June 25, 1974, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiffs-respondents within 20 days of service upon them by the defendants-appellants of a copy of the order entered hereon, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdicts, and to the entry of an amended judgment, as follows: Karin Sehirrmeister $140,000 Erich Sehirrmeister $20,000. If the plaintiffs-respondents consent to the reductions, the judgment as so amended and reduced is affirmed, without costs and without disbursements. The amounts awarded by the jury were excessive and a judgment exceeding the amounts indicated is not warranted on this record. Concur— Stevens, J. P., Lupiano, Capozzoli and Lane, JJ.

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[733] Judgment, Supreme Court, New York County, entered June 25, 1974, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiffs-respondents within 20 days of service upon them by the defendants-appellants of a copy of the order entered hereon, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdicts, and to the entry of an amended judgment, as follows: Karin Sehirrmeister $140,000 Erich Sehirrmeister $20,000. If the plaintiffs-respondents consent to the reductions, the judgment as so amended and reduced is affirmed, without costs and without disbursements. The amounts awarded by the jury were excessive and a judgment exceeding the amounts indicated is not warranted on this record. Concur— Stevens, J. P., Lupiano, Capozzoli and Lane, JJ.

Schirrmeister v. Manhattan & Bronx Surface Transit Operating Authority, 47 A.D.2d 732, 368 N.Y.S.2d 453, 1975 N.Y. App. Div. LEXIS 8996 (N.Y. Ct. App. 1975).

Pincite

47 A.D.2d 732 (Schirrmeister v. Manhattan & Bronx Surface Transit Operating Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.