Turrin v. Board of Education

Appellate Division of the Supreme Court of New York

Turrin v. Board of Education

40 A.D.2d 878, 337 N.Y.S.2d 993, 1972 N.Y. App. Div. LEXIS 3322

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

DecidedNovember 27, 1972

StatusPublished

This text of 40 A.D.2d 878 (Turrin v. Board of Education) 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

Turrin v. Board of Education, 40 A.D.2d 878, 337 N.Y.S.2d 993, 1972 N.Y. App. Div. LEXIS 3322 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries sustained by the infant plaintiff, defendant Board of Education of the City of New York appeals from a judgment of the Supreme Court, Kings County, entered November 11, 1971, in favor of the infant plaintiff, upon a jury verdict of $40,000. Judgment reversed, on the law, and new trial granted as between the infant plaintiff and defendant Board of Education solely on the issue of damages, with costs to abide the event, unless within 30 days after entry of the order to be made hereon, said plaintiff serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $25,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so amended, is affirmed, without costs. The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. The verdict was excessive to the extent indi[879]*879cated herein. Rabin, P. J., Hopkins, Martuscello, Latham and Christ, JJ., concur.

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In a negligence action to recover damages for personal injuries sustained by the infant plaintiff, defendant Board of Education of the City of New York appeals from a judgment of the Supreme Court, Kings County, entered November 11, 1971, in favor of the infant plaintiff, upon a jury verdict of $40,000. Judgment reversed, on the law, and new trial granted as between the infant plaintiff and defendant Board of Education solely on the issue of damages, with costs to abide the event, unless within 30 days after entry of the order to be made hereon, said plaintiff serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $25,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so amended, is affirmed, without costs. The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. The verdict was excessive to the extent indi[879]*879cated herein. Rabin, P. J., Hopkins, Martuscello, Latham and Christ, JJ., concur.

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Bluebook (online)

40 A.D.2d 878, 337 N.Y.S.2d 993, 1972 N.Y. App. Div. LEXIS 3322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turrin-v-board-of-education-nyappdiv-1972.