Legal Opinion

Purcell v. Smith

New York Supreme Court

Decided February 23, 2009PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Joseph D. McGuire, J.

*945Plaintiff has applied to the court for an order vacating a judgment that awarded costs and disbursements to defendant and for an order awarding plaintiff costs (CPLR 5015, 8101).

Following a trial by jury, defendant filed a judgment on or about January 9, 2009 in favor of the defendant against plaintiff in the amount of $1,095 representing costs and disbursements.

The verdict of the jury in the underlying case was that defendant committed a battery against plaintiff. The jury found zero damages as a result of the battery.

Plaintiff argues that the…

2Cases cited7 opinions

  1. Cornwell v. Safeco Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1973
  2. Birnbaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1990
  3. Gibson v. TsandikosAppellate Division of the Supreme Court of the State of New York · 2005
  4. Graybill v. Van DyneNew York Supreme Court · 1971
  5. Raab v. DumblewskiAppellate Division of the Supreme Court of the State of New York · 1996

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Alliance Platforms, Inc. v. BehrensCourt of Appeals of Kansas · 2013

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