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Penny v. Shubinsky

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 556 (N.Y. App. Div. 1987)

Opinion

June 8, 1987

Appeal from the Supreme Court, Nassau County (Christ, J.).


Ordered that the judgment is reversed, on the facts and as an exercise of discretion, without costs or disbursements, and a new trial is granted on the issue of damages only, unless within 20 days after the service upon the plaintiff of a copy of this decision and order, together with notice of entry, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Nassau County, a written stipulation consenting to reduce the verdict as to damages to the principal amount of $55,540, and to the entry of an amended judgment accordingly. In the event that the plaintiff so stipulates, then the judgment, as so reduced and amended, is affirmed, without costs or disbursements. The findings of fact as to liability are affirmed.

The record reveals that the plaintiff sustained a permanent soft tissue injury to the neck and back which will result in pain and limited restriction of motion. In light of the fact that the plaintiff has returned to work full time and apparently resumed most of her daily activities, we find that the verdict was excessive to the extent indicated. Thompson, J.P., Bracken, Lawrence and Spatt, JJ., concur.


Summaries of

Penny v. Shubinsky

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 556 (N.Y. App. Div. 1987)
Case details for

Penny v. Shubinsky

Case Details

Full title:BARBARA M. PENNY, Respondent, v. NORMAN SHUBINSKY, Appellant

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

Date published: Jun 8, 1987

Citations

131 A.D.2d 556 (N.Y. App. Div. 1987)

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