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Reichers v. Browns Taxi & Limousine Service, Inc.

42 A.D.2d 550 Court N.Y. App. Div. Decision date 1973-06-21 English

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Majority

p. 550
(June 21, 1973)
Mary Reichers, Respondent, v. Browns Taxi and Limousine Service, Inc., et al., Appellants.

Judgment, Supreme Court, Bronx County, entered on October 18. 1972, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon her by defendants-appellants of a copy of the order entered hereon, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $16,400 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced is affirmed, without costs and ■ without disbursements. The court allowed the jury to consider as loss of earnings an amount in excess of that alleged in the bill of particulars. Concur — Stevens, P. J., Kupferman, Murphy, Steuer and Capozzoli, JJ.