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SELZER v. BERKOWITZ

No. 77 C 1897.

477 F.Supp. 686 (1979)

Michael I. SELZER, Plaintiff, v. Morton BERKOWITZ, Phillipa Strum, Ellen Frey-Wouters, Martin Fleisher, Michael Kahan, Herbert Weiss, Robert Engler, David W. Abbott, Nathan Schmukler, Donald R. Reich, John W. Kneller, and Harold M. Jacobs, Chairman, and Edith B. Everett, Ronald T. Gault, Jack John Olivero, David Z. Robinson, Patricia Carry Stewart, Loretta A. Conway, Walter H. Crowley, Armand D'Angelo, Gurstin D. Goldin, Albert V. Maniscalco, David Valinsky, Emanuel R. Piore, Joan B. Maynard, Joaquin Rivera and Edward A. Roberts, Members of the Board of Higher Education of the City of New York, the Board of Higher Education of the City of New York, and Robert J. Kibbee, Chancellor of City University of New York, Defendants.

United States District Court, E. D. New York.

October 3, 1979.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine by Walter L. Stratton, New York City, for plaintiff.

Allen G. Schwartz, Corp. Counsel, City of New York, by Patrick F. X. Mulhearn, Asst. Corp. Counsel, New York City, for defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

I

Defendants moved, pursuant to Rule 50 of the Federal Rules of Civil Procedure ("FRCP"), for an order granting defendants judgment notwithstanding the verdict or, in the alternative, pursuant to Rule 59 FRCP, for a new trial on the grounds that:

1. The verdict was contrary to the law and the evidence; 2. The verdict was excessive in amount and not supported by the evidence; ...

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