Legal Opinion

Cullen v. William E. Uptegrove & Bros.

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

Decided January 15, 1905PublishedCited by 6 opinions

Appeal by the defendants, William E. Uptegrove & Brother, from an order of the- Supreme Court, made at the Kings County' Special Term and entered in the office of the clerk of the county of Kings on the 8th day of August, 1904, granting the plaintiff’s motion for a stay of proceedings pending an appeal by both parties from an order entered in said clerk’s office on the 28th day of July, 1904, setting aside as excessive a verdict theretofore rendered in favor of the plaintiff.

1Opinion of the Court

Woodward, J.:

In an action to recover damages for personal injuries, the defen d-ants’ motion to set. aside a verdict in favor of the plaintiff for $6,000, on the ground, among others, that it was excessive, was granted “ unless * * *. within twenty days, after service of a copy of this order, with notice of the entry thereof, upon plaintiff’s attorney, plaintiff shall stipulate to reduce'said verdict to fifteen hundred dollars ($1,500), and shall file such stipulation in the office of the Clerk of the County of Kings, and serve upon defendants’ attorney a copy thereof, with notice of such…

2Cases cited4 opinions

  1. Bennett v. . Van SyckelNew York Court of Appeals · 1859
  2. Knapp v. . BrownNew York Court of Appeals · 1871
  3. Alexander v. . AlexanderNew York Court of Appeals · 1887
  4. Patterson v. HareNew York Supreme Court · 1893

3Cited by6 opinions

  1. Vincent-Wilday, Inc. v. StraitAppellate Division of the Supreme Court of the State of New York · 1948
  2. Dembitz v. Orange County Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
  3. Serrell v. ForbesAppellate Division of the Supreme Court of the State of New York · 1905
  4. McMahon v. MyersNew York Supreme Court · 1908
  5. O'Reilly v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1933

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