Prisco v. North American Furniture Co.

COTTONE, J.,

—This case is presently before the court on plaintiffs motion for judgment on the pleadings.

Briefly stated, the facts are as follows: On March 14, 1978, in a personal injuries action, plaintiff received a jury verdict in the amount of $125,000. Defendant took an appeal on the issue of damages only. Although this appeal was, in essence, denied by the court on March 7, 1979, plaintiff was directed to file a remittitur of so much of the verdict as exceeds $110,000. Plaintiff complied with this order on March 12, 1979. Pursuant to the verdict, defendant tendered a check in the amount…