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Bush v. Westinghouse Electric Corp.

152 A.D.2d 979 Court N.Y. App. Div. Decision date 1989-07-12 Docket Appeal No. 1 English

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p. 979
Joseph Bush et al., Respondents, v Westinghouse Electric Corporation, Appellant and Third-Party Plaintiff-Respondent-Appellant. Niagara Mohawk Power Corp. et al., Third-Party Defendants-Appellants-Respondents.
(Appeal No. 1.)

Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance -with the following memorandum: From our review of the record, we conclude that the damages awarded are excessive. We grant a new trial on the issue of damages only unless, within 20 days after the service of a copy of the order to be entered herein, plaintiffs stipulate to a reduction in the verdicts to $1,500,000 for plaintiff Joseph Bush and to $300,000 for plaintiff Betty Bush. (Appeals from judgment of Supreme Court, Oswego County, Hurlbutt, J. — jury award.) Present — Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.