From Casetext: Smarter Legal Research

Pacheco v. Williams

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1996
224 A.D.2d 296 (N.Y. App. Div. 1996)

Opinion

February 15, 1996

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).


Judgment of the same court and Justice, entered October 27, 1994, which, after re-trial, awarded plaintiff the principal amount of $48,000, unanimously modified, on the facts, without costs, to the extent of vacating the judgment in plaintiff's favor and ordering a new trial on the issue of damages only, and otherwise affirmed, unless plaintiff, within 20 days after service of a copy of this order with notice of entry stipulates to a reduction of the award of damages to the principal sum of $30,000, and to the entry of an amended judgment in accordance therewith, in which case, the judgment, as so amended, is unanimously affirmed, without costs.

The award, after re-trial, deviates materially from what would be reasonable compensation under the circumstances (CPLR 5501 [c]) and we reduce accordingly.

Concur — Sullivan, J.P., Milonas, Ellerin, Rubin and Kupferman, JJ.


Summaries of

Pacheco v. Williams

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1996
224 A.D.2d 296 (N.Y. App. Div. 1996)
Case details for

Pacheco v. Williams

Case Details

Full title:SAMMY PACHECO, Respondent, v. MARK A. WILLIAMS, Appellant

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

Date published: Feb 15, 1996

Citations

224 A.D.2d 296 (N.Y. App. Div. 1996)
641 N.Y.S.2d 830