41 A.D.2d 647 | N.Y. App. Div. | 1973
In a negligence action to recover, damages for personal injuries, etc., the. appeafef are from a judgment of the Supreme-Court, Richmond County, entered April 19/ 1972, (1) in favor of plaintiffs James B. A. Logan, Jr., and Celeste Logan, nee De Angelo, against defendants, upon successive jury verdicts, after separate, trials of the issues . of liability. and damages,. arid (2) in favor of defendant City of New York, upon its cross complaint, against defendants Gull Contracting Co., Inc., and Mac Asphalt' Construction Corp., upon a decision of . the trial court.- (Upon a-, prior., appeal; an .-interlocutory , judgment which had been entered after the trial'on.the issue of liability was- affirmed insofar as' appealed from [Logan v. Easterly, 37 A D 2d 725J.) Judgment reversed,, on' the law, and new trial granted as between plaintiffs James B. A. Logan, Jr., and Celeste Logan, nee De Angelo, and- defendants and upon the .cross complaint of defendant' City, of New. York against defendants Gull Contracting' Co., Inc., and Mac Asphalt.Construction. Corp., solely -on the issue of damages, unless, within 30 days after sentry of- the order, tó be made hereon, said plaintiffs shall serve,- and file in the. office of the clerk of the trial court, a written, stipulation consenting (1) to reduce their respective verdicts as. follows: that of James B. A. Logan, Jr., from $225,000 to $150,000- and that of Celeste Logan, nee De Angelo, ■ from $115,000 to $65,000; and (2) to the entry of an amended judgment accordingly, in which event the judgment-insofar as it is in favor of said two plaintiffs, and as so reduced and. amended, is affinried, and the judgment ■ insofar