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James D. Vollertsen Associates v. John

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 6, 1975
48 A.D.2d 1007 (N.Y. App. Div. 1975)

Opinion

June 6, 1975

Appeal from the Monroe Special Term.

Present — Marsh, P.J., Moule, Simons, Del Vecchio and Witmer, JJ.


Order unanimously reversed, without costs, and motion denied. Memorandum: In this action plaintiffs seek compensatory and punitive damages. The order from which defendants appeal directs them to answer plaintiffs' Interrogatory No. 83, namely, "Set forth the present net worth of each of the above-named Defendants". The order was prematurely granted (see Rupert v Sellers, 48 A.D.2d 265). As we said in Rupert (supra), there should be a split trial, first on the issue of defendants' liability for punitive or exemplary damages. If plaintiffs obtain a special verdict entitling them to punitive damages against defendants, they may make immediate application for defendants to answer such interrogatory; and the trial may then be resumed before the same jury, where feasible, with the parties presenting such additional evidence as they see fit on the question of the amount of damages to which plaintiffs are entitled, and the jury shall then determine that question. (See, also Raplee v City of Corning, 6 A.D.2d 230 and 25 CJS, Damages, § 126 subd [3], p 1170.)


Summaries of

James D. Vollertsen Associates v. John

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 6, 1975
48 A.D.2d 1007 (N.Y. App. Div. 1975)
Case details for

James D. Vollertsen Associates v. John

Case Details

Full title:JAMES D. VOLLERTSEN ASSOCIATES, INC., et al., Respondents v. JOHN T…

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

Date published: Jun 6, 1975

Citations

48 A.D.2d 1007 (N.Y. App. Div. 1975)

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