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Matthews v. Manhattan and Bronx Surface

Appellate Division of the Supreme Court of New York, First Department
Feb 20, 1997
236 A.D.2d 298 (N.Y. App. Div. 1997)

Opinion

February 20, 1997.

Judgment, Supreme Court, New York County (Stephen Ferradino, J.), entered December 8, 1995, which, upon jury verdict in favor of the infant plaintiff in the gross sum of $75,000, and finding the infant plaintiff 75% comparatively negligent, awarded the infant plaintiff the principal sum of $18,750, unanimously reversed, on the facts, without costs, the judgment vacated and the matter remanded for a new trial on the issue of damages only unless, within 30 days after entry of this order, defendant shall stipulate to increase the gross sum of the verdict to $750,000 and entry of an amended judgment in accordance herewith, in which event the judgment, as so amended and increased, is affirmed, without costs.

Before: Sullivan, J.P., Ellerin, Tom and Andrias, JJ.


We find the verdict to be inadequate and to deviate materially from what constitutes reasonable compensation under the circumstances (CPLR 5501 [c]).


Summaries of

Matthews v. Manhattan and Bronx Surface

Appellate Division of the Supreme Court of New York, First Department
Feb 20, 1997
236 A.D.2d 298 (N.Y. App. Div. 1997)
Case details for

Matthews v. Manhattan and Bronx Surface

Case Details

Full title:JUDY MATTHEWS, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 20, 1997

Citations

236 A.D.2d 298 (N.Y. App. Div. 1997)
654 N.Y.S.2d 303