Legal Opinion
Porter v. Shapiro
Appellate Division of the Supreme Court of the State of New York
Decided November 24, 1986PublishedCited by 5 opinions
1Opinion of the Court
*795The liability of the defendants for the injuries suffered by the plaintiffs was established at trial and the defendants do not contest that finding on appeal. The judgment must be reversed, however, and a new trial ordered on the issue of damages, since the trial court admitted evidence on disc injuries suffered by the plaintiff Herbert Porter and of loss of sexual relations with respect to the plaintiff Phyllis Porter’s loss of consortium claim, even though neither item was among the elements of damages specified in the plaintiffs’ bill of particulars, and there is no indication in the…
2Cases cited5 opinions
- Broida v. BancroftAppellate Division of the Supreme Court of the State of New York · 1984
- Sharkey v. Locust Valley Marine, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Liberty Mutual Insurance v. Prudential Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Liberty Mut. Ins. Co. v. Prudential Prop. & Cas. Ins. Co.New York Court of Appeals · 1983
- Solomon v. StrolerAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by5 opinions
- Acunto v. ConklinAppellate Division of the Supreme Court of the State of New York · 1999
- D'Angelo v. BrykAppellate Division of the Supreme Court of the State of New York · 1994
- Reape v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Bindler v. BrownAppellate Division of the Supreme Court of the State of New York · 1987
- Holbrook v. Jamesway Corp.Appellate Division of the Supreme Court of the State of New York · 1988