Robertson v. Spectrum Applications, Inc., 273 A.D.2d 846

Judgment unanimously affirmed without costs. Memorandum: Because plaintiff did not accept payment or the benefits of the judgment, his appeal from the judgment is not precluded (see, Kriesel v May Dept. Stores Co., 261 AD2d 837; see also, Cornell v T. V. Dev. Corp., 17 NY2d 69, 73). Contrary to plaintiffs contention, however, the jury’s award of damages does not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]; Banks v Lindenbaum, 201 AD2d 523). (Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Negligence.) Present — Pigott, Jr., P. J., Pine, Hurlbutt and Lawton, JJ.

Case Details

Case Name: Robertson v. Spectrum Applications, Inc.

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 16, 2000

Citations: 273 A.D.2d 846; 710 N.Y.S.2d 293; 2000 N.Y. App. Div. LEXIS 6821; Appeal No. 1

Docket Number: Appeal No. 1

Court Abbreviation: N.Y. App. Div.