From Casetext: Smarter Legal Research

Callinan v. Gerosa Haulage Warehouse Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1967
28 A.D.2d 533 (N.Y. App. Div. 1967)

Opinion

May 1, 1967


Judgment of the Supreme Court, Queens County, entered June 3, 1965 (as resettled by order of said court, dated October 11, 1965), (1) affirmed insofar as it is in favor of defendant De Voe Ironworks, Inc., without costs; and reversed, on the law and the facts, insofar as it is in plaintiff's favor against defendants Gerosa Haulage Warehouse Corp. and Consolidated Edison Company of New York, Inc., and in the latter's favor on its third-party action against Gerosa Haulage Warehouse Corp., and severance and new trial granted as to the action between plaintiff and said defendants Gerosa and Consolidated and as to the said third-party action, with costs to abide the event; (2) unless, within 30 days after entry of the order hereon, plaintiff shall serve and file a written stipulation consenting to a reduction in the amount of the verdict in his favor from $50,000 to $25,000 and to the entry of an amended judgment accordingly, in which event the amount of Consolidated's award on said third-party action is reduced to the amount of plaintiff's thus reduced total award, plus Consolidated's costs and disbursements against Gerosa, and the judgment, as so reduced and amended, is affirmed, without costs. Findings of fact in the trial court's decision, directing judgment over in favor of the third-party plaintiff Consolidated against the third-party defendant Gerosa, are affirmed, except that as to the amount of the award the pertinent finding of fact is reversed and a new finding is made as indicated herein. In our opinion, the amount of the jury verdict in favor of plaintiff and the trial court's award of damages in the third-party action were excessive to the extent indicated. Beldock, P.J., Ughetta, Brennan, Hopkins and Munder, JJ., concur.


Summaries of

Callinan v. Gerosa Haulage Warehouse Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1967
28 A.D.2d 533 (N.Y. App. Div. 1967)
Case details for

Callinan v. Gerosa Haulage Warehouse Corp.

Case Details

Full title:JOHN A. CALLINAN, Respondent-Appellant, v. GEROSA HAULAGE WAREHOUSE CORP…

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

Date published: May 1, 1967

Citations

28 A.D.2d 533 (N.Y. App. Div. 1967)