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ELLIS v. JOHNSON MOTOR LINES, INC.

198 A.D.2d 258 (1993)

603 N.Y.S.2d 523

Bertha Ellis et al., Respondents, v. Johnson Motor Lines, Inc., Defendant and Third-Party Plaintiff-Appellant. P. Chimento and Co., Inc., Third-Party Defendant-Respondent

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

November 8, 1993

Ordered that the judgment is modified, on the law, by reducing the award to the plaintiff, in her capacity as Administratrix of the Estate of Ezekiel Ellis, from the net sum of $210,897 ($281,897 less 25% representing the plaintiff's share of the fault) to the net sum of $168,750; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for the entry of an appropriate amended judgment.

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