Legal Opinion

Napolitano v. Branks

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1987PublishedCited by 11 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Nassau County (Samenga, J.), dated December 13, 1985, which, after an inquest on the issue of damages, is in favor of the plaintiffs and against them in the sum of $47,000.

Ordered that the judgment is reversed, on the law, and a new trial is granted as to damages only, with costs to abide the event.

After the defendants’ answer was stricken upon their failure to comply with a discovery order, an inquest, restricted solely to the issue of the plaintiffs’ damages, was conducted. At…

2Cases cited5 opinions

  1. Rokina Optical Co. v. Camera King, Inc.New York Court of Appeals · 1984
  2. McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
  3. Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
  4. Charles F. Winson Gems, Inc. v. D. Gumbiner, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Charles F. Winson Gems, Inc. v. D. Gumbiner, Inc.New York Court of Appeals · 1982

3Cited by11 opinions

  1. Payne v. DewittSupreme Court of Oklahoma · 1999
  2. Otto v. OttoAppellate Division of the Supreme Court of the State of New York · 1989
  3. McGarvin-Moberly Construction Co. v. WeldenWyoming Supreme Court · 1995
  4. Limehouse v. HulseySupreme Court of South Carolina · 2013
  5. Rawlings v. GillertAppellate Division of the Supreme Court of the State of New York · 2013

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