Zahensky v. McFadden

Appellate Division of the Supreme Court of New York

Zahensky v. McFadden

78 A.D.2d 696, 434 N.Y.S.2d 664, 1980 N.Y. App. Div. LEXIS 13220

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

DecidedOctober 27, 1980

StatusPublished

This text of 78 A.D.2d 696 (Zahensky v. McFadden) 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

Zahensky v. McFadden, 78 A.D.2d 696, 434 N.Y.S.2d 664, 1980 N.Y. App. Div. LEXIS 13220 (N.Y. Ct. App. 1980).

Pincite

Opinion

—In "a negligence action to recover damages for personal injuries, defendants appeal from a'judgment of the Supreme Court, Westchester County, dated December 21, 1979, which was in favor of the plaintiff in the principal sum of $80,000, upon a jury verdict. Judgment reversed, on the law, and new trial granted with respect to the issue of damages only, with costs to abide the event, unless within 20 days after service upon the plaintiff of a copy of the order to be made hereon, together with notice of entry thereof, the plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $50,000, and to the entry of an amended judgment accordingly, in which event, judgment as so reduced and amended, affirmed, without costs or disbursements. The verdict was excessive to the extent indicated herein. Lazer, J. P., Cohalan, Martuscello and Weinstein, JJ., concur.

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—In "a negligence action to recover damages for personal injuries, defendants appeal from a'judgment of the Supreme Court, Westchester County, dated December 21, 1979, which was in favor of the plaintiff in the principal sum of $80,000, upon a jury verdict. Judgment reversed, on the law, and new trial granted with respect to the issue of damages only, with costs to abide the event, unless within 20 days after service upon the plaintiff of a copy of the order to be made hereon, together with notice of entry thereof, the plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $50,000, and to the entry of an amended judgment accordingly, in which event, judgment as so reduced and amended, affirmed, without costs or disbursements. The verdict was excessive to the extent indicated herein. Lazer, J. P., Cohalan, Martuscello and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 696, 434 N.Y.S.2d 664, 1980 N.Y. App. Div. LEXIS 13220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zahensky-v-mcfadden-nyappdiv-1980.