Feathers v. Walter S. Kozdranski, Inc.

Judgment unanimously modified on the law by granting plaintiff Karen Feathers’ motion to amend the ad damnum clause to conform to the verdict, reinstating the verdict, and denying defendant’s motion to set aside the verdict and as modified affirmed without costs. Memorandum: The court erred in reducing the verdict in favor of Karen Feathers from $40,000 to $15,000. Plaintiffs established the wife’s derivative claim sufficiently to support the jury verdict and that the verdict was not excessive. Moreover, the court erred in unconditionally reducing the verdict. The court has the authority to…