Opinion
July 20, 1970
In a negligence action to recover damages for personal injuries, defendants S.T. Grand, Inc., and County of Nassau appeal from a judgment of the Supreme Court, Nassau County, dated May 7, 1969, which, inter alia, is in favor of plaintiff against said defendants and defendant Long Island Water Corp. upon a jury verdict of $18,000 and in favor of defendant Long Island Water Corp. upon its cross complaint against defendant S.T. Grand, Inc., upon the trial court's decision. Appellants, by their briefs, have limited their appeals to the portions of the judgment which are against them, respectively. Judgment reversed insofar as appealed from, on the law and the facts, and, as between plaintiff and all the above-mentioned defendants and as to said cross complaint, action severed and new trial granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff shall serve and file in the office of the clerk of the trial court a stipulation consenting to reduce the verdict to $10,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so amended, is affirmed insofar as appealed from, without costs. In our opinion the verdict of $18,000 was clearly excessive for the minor injuries proven herein. Christ, P.J., Hopkins, Latham and Benjamin, JJ., concur; Martuscello, J., concurs as to defendant S.T. Grand, Inc., but otherwise dissents and votes to reverse the judgment as to defendant County of Nassau and to dismiss the complaint as to that defendant, with the following memorandum: The county had no control over defendant S.T. Grand, Inc., which was a contractor of defendant Long Island Water Corp. It also had no control over the sidewalk and was not under any duty to maintain it; and thus it was not responsible for the condition which led to plaintiff's injury.