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LA ROCCA v. CITY OF NEW YORK

91 A.D.2d 940 (1983)

Salvatore La Rocca et al., Respondents, v. City of New York, Appellant-Respondent; Consolidated Edison, Respondent-Cross-Appellant, and Ernest Stephens et al., Respondents, et al., Defendant City of New York, Third-Party Plaintiff-Appellant-Respondent, and Alan L. McCaffrey, Third-Party Plaintiff-Respondent, v. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Respondent-Cross-Appellant, and Edenwald Contracting Co., Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 20, 1983

If plaintiffs so stipulate, the judgment as so amended and reduced, is affirmed, without costs and without disbursements, and a new trial ordered solely on the issue of apportionment as more fully set forth. After a review of the record, the damages appear to us to be excessive to the extent indicated. On the morning of August 27, 1975, defendant Stephens, driving his car southbound on the FDR Drive in the vicinity of 14th and 15th Streets in Manhattan, turned into the left...

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