Legal Opinion

Fullem v. Syracuse Transit Corp.

Syracuse City Court

Decided December 7, 1972Published

1Opinion of the CourtJoseph F. Falco, J.

This is a motion by the defendant to reduce a jury’s verdict to conform to the ad damnum clause of plaintiff’s complaint.

The plaintiff and defendant both submit memoranda of law and plaintiff further submits two affidavits in support of his contention that a clerical error had been made.

On November 21, 1972, after proof had been completed by both sides, the jury after due deliberation found a five-sixths verdict in favor of the plaintiff and against the defendant in the sum of $1,000. Defendant then in open court moved to reduce the verdict to $600, the amount demanded in the plaintiff’s…

2Cases cited3 opinions

  1. Herpe v. . HerpeNew York Court of Appeals · 1919
  2. George v. County of ErieNew York Supreme Court · 1971
  3. Nye v. DawesAppellate Division of the Supreme Court of the State of New York · 1964

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