Warthen v. International Dynetics Corp.

Appellate Division of the Supreme Court of New York

Warthen v. International Dynetics Corp.

100 A.D.2d 801, 474 N.Y.S.2d 954, 1984 N.Y. App. Div. LEXIS 17903

Appellate Division of the Supreme Court of the State of New York·Decided April 17, 1984·Published

Opinion

Judgment, Supreme Court, New York County, (Seymour Schwartz, J.), entered on March 8,1983, unanimously modified, on the law and the facts, to the extent of reversing the judgment in favor of plaintiff and a new trial ordered solely on the issue of damages and otherwise affirmed, without costs and without disbursements, unless the plaintiff, within 20 days after service upon his attorney of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $1,250,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended and reduced, is affirmed, [802]*802without costs and without disbursements. 1 After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Kupferman, J. P., Sullivan, Asch, Bloom and Milonas, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County, (Seymour Schwartz, J.), entered on March 8,1983, unanimously modified, on the law and the facts, to the extent of reversing the judgment in favor of plaintiff and a new trial ordered solely on the issue of damages and otherwise affirmed, without costs and without disbursements, unless the plaintiff, within 20 days after service upon his attorney of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in his favor to $1,250,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended and reduced, is affirmed, [802]*802without costs and without disbursements. 1 After review of the record, the damages appear to us to be excessive to the extent indicated. Concur — Kupferman, J. P., Sullivan, Asch, Bloom and Milonas, JJ.

Warthen v. International Dynetics Corp., 100 A.D.2d 801, 474 N.Y.S.2d 954, 1984 N.Y. App. Div. LEXIS 17903 (N.Y. Ct. App. 1984).

Pincite

100 A.D.2d 801 (Warthen v. International Dynetics Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.