Appellate Division of the Supreme Court of New York, 1982

Colon v. City of New York

Colon v. City of New York
Appellate Division of the Supreme Court of New York · Decided October 5, 1982
90 A.D.2d 452; 454 N.Y.S.2d 533; 1982 N.Y. App. Div. LEXIS 18414
Colon v. City of New York

Opinion of the Court

Judgment of the Supreme Court, Bronx County (Shapiro, J., at inquest only), entered on May 27, 1981, modified, on the facts and in the exercise of *453discretion, to reduce the verdict rendered at inquest by the court without a jury to the sum of $125,000 and, as so modified, affirmed, without costs. On the record before us we cannot say that the calendar Judge, in granting the application of plaintiff and ordering an inquest, abused his discretion. However, his 74-page opinion was excessive and, at times, intemperate. In the circumstances here indicated the conduct of defendant did not merit the excoriation administered to it. In our opinion, the damage award was excessive and, accordingly, we reduce it to the sum of $125,000. Concur — Sandler, Fein and Bloom, JJ.; Kupferman, J. P., concurs in the result only.

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