Thompson v. Gilbane Building Co.

Appellate Division of the Supreme Court of New York

Thompson v. Gilbane Building Co.

91 A.D.2d 818, 458 N.Y.S.2d 963, 1982 N.Y. App. Div. LEXIS 19718

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1982·Published

Opinion

— Judgment unanimously reversed, on the law and facts, without costs, and a new trial granted on the issue of damages only, unless plaintiff shall within 20 days after service of a copy of the order herein with notice of entry thereof stipulate to reduce the verdict to $700,000, in which event the judgment is modified accordingly and, as modified, affirmed, without costs of this appeal to either party. Memorandum: Plaintiff, a painter, sustained serious multiple injuries when he fell approximately 60 feet from a scaffold and landed on the cement floor below. After a trial, the jury awarded him a verdict of $1,005,000 and defendant appeals contending that the verdict is excessive. We agree and therefore we reverse the judgment and grant a new trial unless plaintiff stipulates to a reduction of the verdict to the sum of $700,000. (Appeals from judgment of Supreme Court, Oswego County, J. O’C. Conway, J. — negligence.) Present — Dillon, P. J., Simons, Hancock, Jr., Doerr and Boomer, JJ.

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— Judgment unanimously reversed, on the law and facts, without costs, and a new trial granted on the issue of damages only, unless plaintiff shall within 20 days after service of a copy of the order herein with notice of entry thereof stipulate to reduce the verdict to $700,000, in which event the judgment is modified accordingly and, as modified, affirmed, without costs of this appeal to either party. Memorandum: Plaintiff, a painter, sustained serious multiple injuries when he fell approximately 60 feet from a scaffold and landed on the cement floor below. After a trial, the jury awarded him a verdict of $1,005,000 and defendant appeals contending that the verdict is excessive. We agree and therefore we reverse the judgment and grant a new trial unless plaintiff stipulates to a reduction of the verdict to the sum of $700,000. (Appeals from judgment of Supreme Court, Oswego County, J. O’C. Conway, J. — negligence.) Present — Dillon, P. J., Simons, Hancock, Jr., Doerr and Boomer, JJ.

Thompson v. Gilbane Building Co., 91 A.D.2d 818, 458 N.Y.S.2d 963, 1982 N.Y. App. Div. LEXIS 19718 (N.Y. Ct. App. 1982).

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