Galvin v. Manhattan & Bronx Surface Transit Operating Authority , 99 A.D.2d 691 ( 1984 )


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  • Judgment, Supreme Court, Bronx County (C. G. Cholakis, J.), entered October 29,1982 in favor of plaintiff for $2,000,000, plus accrued interest and costs, is unanimously reversed, on the law and the facts, without costs and without disbursements, and a new trial is ordered as to damages only, unless within 20 days after service of a copy of the order on this appeal plaintiff files with the clerk of the Supreme Court and serves upon defendant’s attorney a stipulation consenting to reduce the verdict as to total damages suffered by plaintiff from $2,500,000 to $1,250,000, liability for such damages to be apportioned in accordance with the jury’s *692determination of comparative culpability, and to the entry of a judgment in accordance with such verdict, as reduced, in the principal amount of $1,000,000 in favor of plaintiff together with appropriate interest and costs; if such stipulation is timely filed and served, the judgment as modified is affirmed, without costs on appeal. The verdict is excessive to the extent indicated. Concur — Sandler, J. P., Asch, Silverman, Fein and Milonas, JJ.

Document Info

Citation Numbers: 99 A.D.2d 691

Filed Date: 2/2/1984

Precedential Status: Precedential

Modified Date: 1/13/2022