Legal Opinion

Figliomeni v. Board of Education of the City School District

New York Court of Appeals

Decided December 2, 1975PublishedCited by 33 opinions

1Opinion of the CourtFuchsberg, J.

The question presented on this appeal is whether, on setting aside an $18,000 jury verdict for plaintiff, on the ground of inadequacy, in an action for damages arising out of personal injuries, the trial court properly exercised its discretion in ordering a new trial on the issue of damages alone rather than on the issues of both negligence and damages.

Defendants, contending that an entirely new trial was required, argued that the verdict represented an impermissible compromise as to liability as well as damages, but the Appellate Division, Fourth Department, rejected that contention and…

2Cases cited9 opinions

  1. Mercado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966
  2. De Luca v. WellsNew York Supreme Court · 1968
  3. Friend v. Morris D. Fishman, Inc.New York Court of Appeals · 1951
  4. Honigsberg v. New York City Transit AuthorityCivil Court of the City of New York · 1964
  5. Crellin v. Van DuzerAppellate Division of the Supreme Court of the State of New York · 1945

4 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Schabe v. Hampton Bays Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
  2. James v. ShanleyAppellate Division of the Supreme Court of the State of New York · 1979
  3. Santucci v. Govel Welding, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Weiss v. MillerAppellate Division of the Supreme Court of the State of New York · 1990
  5. Zito v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API