Galvin v. Manhattan & Bronx Surface Transit Operating Authority
1984 N.Y. App. Div. LEXIS 17026
N.Y. App. Div.
1984
Check Treatment

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.