Wells v. Sinning

Appellate Division of the Supreme Court of New York

Wells v. Sinning

34 A.D.2d 682, 310 N.Y.S.2d 515, 1970 N.Y. App. Div. LEXIS 5078

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

DecidedApril 20, 1970

StatusPublished

Cited by1 cases

This text of 34 A.D.2d 682 (Wells v. Sinning) 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

Wells v. Sinning, 34 A.D.2d 682, 310 N.Y.S.2d 515, 1970 N.Y. App. Div. LEXIS 5078 (N.Y. Ct. App. 1970).

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Opinion

— Judgment of the Supreme Court, Queens County, entered February 7, 1969, modified, on the law and the facts, subject to the conditions set forth below: (1) by striking from the first decretal paragraph all the matter setting forth the amounts of plaintiff administratrix’ recovery of principal and interest and the amount of the total of her recovery; (2) by substituting therefor the sum of $15,000 as her recovery (upon the cause of action for pain, suffering and medical- expenses) and the sum of $15,505.10 as he total, embracing said $15,000 and $505.10 costs and disbursements; (3) by adding a provision that, as to plaintiff administratrix’ cause of action for wrongful death, a new trial is granted, limited to the issue of damages, and said cause is accordingly severed from the remainder of the case; and, as so modified, judgment affirmed, with costs to abide the event of the new trial. The above determination is conditioned upon the following: if plaintiff administratrix, within 30 days after entry of the order hereon, shall serve and file u written stipulation consenting to reduce the amount of her verdict on the cause of action for wrongful death from $100,000 to $70,000, to reduce the interest thereon accordingly, and to the entry of an, amended judgment accordingly, then, in place of the above determination, the judgment, as so reduced and amended, is affirmed, without costs. In our opinion, the verdict on the wrongful death cause of action was excessive to the extent indicated herein. Appeal by defendant Long Island Rail Road frc-in an “ order ” of the same court dated January 13, 1969, dismissed, without costs. Apparently no such order was made. A decision was rendered by the court on said date and no appeal lies from a decision. Hopkins, Acting P. J., Munder, Kleinfeld, Brennan and Benjamin, JJ., concur.

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— Judgment of the Supreme Court, Queens County, entered February 7, 1969, modified, on the law and the facts, subject to the conditions set forth below: (1) by striking from the first decretal paragraph all the matter setting forth the amounts of plaintiff administratrix’ recovery of principal and interest and the amount of the total of her recovery; (2) by substituting therefor the sum of $15,000 as her recovery (upon the cause of action for pain, suffering and medical- expenses) and the sum of $15,505.10 as he total, embracing said $15,000 and $505.10 costs and disbursements; (3) by adding a provision that, as to plaintiff administratrix’ cause of action for wrongful death, a new trial is granted, limited to the issue of damages, and said cause is accordingly severed from the remainder of the case; and, as so modified, judgment affirmed, with costs to abide the event of the new trial. The above determination is conditioned upon the following: if plaintiff administratrix, within 30 days after entry of the order hereon, shall serve and file u written stipulation consenting to reduce the amount of her verdict on the cause of action for wrongful death from $100,000 to $70,000, to reduce the interest thereon accordingly, and to the entry of an, amended judgment accordingly, then, in place of the above determination, the judgment, as so reduced and amended, is affirmed, without costs. In our opinion, the verdict on the wrongful death cause of action was excessive to the extent indicated herein. Appeal by defendant Long Island Rail Road frc-in an “ order ” of the same court dated January 13, 1969, dismissed, without costs. Apparently no such order was made. A decision was rendered by the court on said date and no appeal lies from a decision. Hopkins, Acting P. J., Munder, Kleinfeld, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 682, 310 N.Y.S.2d 515, 1970 N.Y. App. Div. LEXIS 5078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-sinning-nyappdiv-1970.

Opinion

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