Morsette v. the Final Call

Full title: TATIA MORSETTE, Plaintiff-Respondent, v. THE FINAL CALL, ETC.…

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

Date published: Sep 25, 2003

1761, M-4759 (N.Y. App. Div. Sep. 25, 2003)

Opinion

1761, M-4759

September 25, 2003.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered June 22, 2001, modified, on the law and the facts, to vacate the award for future and punitive damages, and the matter remanded for a new trial on the issue of future damages only, and otherwise affirmed, without costs, unless plaintiff, within 20 days of the service of a copy of this order, stipulates to reduce the award for future damages to the principal amount of $300,000, and to the entry of an amended judgment in accordance therewith. Motion seeking leave to strike reply brief and for other related relief denied.

Alan J. Rich, for plaintiff-respondent.

Joseph Fleming, for defendant-appellant.

Before: Nardelli, J.P., Saxe, Rosenberger, Friedman, Marlow, JJ.

Opinion by Nardelli, J.P.

Order filed.

All concur except Rosenberger and Marlow, JJ. who dissent in an Opinion by Marlow, J.