Stock v. Buff

• Decision Date: 10 December 1970
• Citation: 316 N.Y.S.2d 450,35 A.D.2d 1076
• Parties: Lilly Anna STOCK and Edward J. Stock, Respondents, v. Haskell G. BUFF, Grand Island Transit Corp., Stanley Wright, Cynthia DiLaura, and Wakes, Inc., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 450

316 N.Y.S.2d 450

35 A.D.2d 1076

Lilly Anna STOCK and Edward J. Stock, Respondents, v. Haskell G. BUFF, Grand Island Transit Corp., Stanley Wright, Cynthia DiLaura, and Wakes, Inc., Appellants.

Supreme Court, Appellate Division, Fourth Department.

Dec. 10, 1970.

Moot, Sprague, Marcy, Landy & Fernback, Richard F. Griffin, Buffalo, for respondent.

Phelps, Gray, Mansour & Hewitt, Benjamin N. Hewitt, Niagara Falls, for Haskell G. Buff.

Miles, Cochrane, Grosse, Rosetti & Harper, Lowell Grosse, Buffalo, for Grand Island Transit.

Miller, Bouvier, O'Connor & Ulsh, Gerald Bouvier, Buffalo, for Stanley Wright and Cynthia DiLaura.

James J. Hagerty, Buffalo, for Wakes, Inc.

Before DEL VECCHIO, J.P., and MARSH, GABRIELLI and MOULE, JJ.

MEMORANDUM:

The verdict in the action brought by Edward Stock finds ample support in the record. In our view the jury's assessment of damages in the wife's action for loss of consortium is excessive and should be reduced to $5,000. It is obvious that the jury was unduly influenced by the quantum of the claimed additional services to be performed by her, which in the main are a part of her ordinary responsibilities.

First decretal paragraph of the judgment unanimously affirmed, with costs; second decretal paragraph thereof unanimously reversed on the facts and a new trial granted unless plaintiff Lilly Anna Stock stipulates to reduce the verdict to $5,000 within 20 days from the date of the order to be entered hereon, in which event that part of the judgment is modified accordingly, and as so modified, affirmed without costs.