Wright v. City of New York

Appellate Division of the Supreme Court of New York

Wright v. City of New York

40 A.D.2d 816, 338 N.Y.S.2d 388, 1972 N.Y. App. Div. LEXIS 3224

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

DecidedNovember 30, 1972

StatusPublished

This text of 40 A.D.2d 816 (Wright v. City of New York) 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

Wright v. City of New York, 40 A.D.2d 816, 338 N.Y.S.2d 388, 1972 N.Y. App. Div. LEXIS 3224 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered November 10, 1971, in favor of the plaintiff-respondent, so far as appealed from, reversed, on the law and on the facts, and vacated accordingly, and a new trial on the issue of damages granted, with costs to abide the event, unless the plaintiff-respondent [817]*817within 20 days oí service upon her by the defendant-appellant of a copy of the order entered hereon, serves and files in the office of the clerk of the 'trial court a written stipulation consenting to reduce the verdict to $5,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced is affirmed, without costs and without disbursements. In our opinion the amount awarded by the jury was excessive and a verdict in excess of the amount indicated is not warranted on this record. Concur — Markewich, J. P., Kupferman, McNally and Steuer, JJ. Murphy, J., dissents in part and votes to reverse and order a new trial unless the plaintiff consents to a reduction to $10,000.

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Judgment, Supreme Court, New York County, entered November 10, 1971, in favor of the plaintiff-respondent, so far as appealed from, reversed, on the law and on the facts, and vacated accordingly, and a new trial on the issue of damages granted, with costs to abide the event, unless the plaintiff-respondent [817]*817within 20 days oí service upon her by the defendant-appellant of a copy of the order entered hereon, serves and files in the office of the clerk of the 'trial court a written stipulation consenting to reduce the verdict to $5,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced is affirmed, without costs and without disbursements. In our opinion the amount awarded by the jury was excessive and a verdict in excess of the amount indicated is not warranted on this record. Concur — Markewich, J. P., Kupferman, McNally and Steuer, JJ. Murphy, J., dissents in part and votes to reverse and order a new trial unless the plaintiff consents to a reduction to $10,000.

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Bluebook (online)

40 A.D.2d 816, 338 N.Y.S.2d 388, 1972 N.Y. App. Div. LEXIS 3224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-city-of-new-york-nyappdiv-1972.