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Davanzo v. Manhattan and Bronx Surface

Appellate Division of the Supreme Court of New York, First Department
Jul 3, 1975
49 A.D.2d 521 (N.Y. App. Div. 1975)

Opinion

July 3, 1975


Judgment, Supreme Court, New York County, entered November 27, 1974, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent, within 20 days of service upon her by the defendant-appellant of a copy of the order entered herein with notice of entry, serves and files in the office of the trial court a written stipulation consenting to reduce the verdict in her favor to $150,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record.

Concur — Stevens, P.J., Kupferman, Murphy, Tilzer and Capozzoli, JJ.


Summaries of

Davanzo v. Manhattan and Bronx Surface

Appellate Division of the Supreme Court of New York, First Department
Jul 3, 1975
49 A.D.2d 521 (N.Y. App. Div. 1975)
Case details for

Davanzo v. Manhattan and Bronx Surface

Case Details

Full title:FLORENCE DAVANZO, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT…

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

Date published: Jul 3, 1975

Citations

49 A.D.2d 521 (N.Y. App. Div. 1975)