Walters v. Charfil Holding, Inc.

In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), dated June 8, 1982, which, upon a jury verdict finding that plaintiff’s damages amounted to the principal sum of $4,500, and, upon apportioning liability at 70% against the plaintiff and 30% against defendant, awarded plaintiff the principal sum of $1,350.

Judgment modified, on the facts and as a matter of discretion, by deleting therefrom the provisions as to damages unless defendant shall serve and file in the office of the Clerk of the Supreme Court,…