Scarlet Cohen v. Hallmark Cards

On remittitur from the Court of Appeals (Cohen v Hallmark Cards, 45 N.Y.2d 493) for a review of the facts, the judgment of the Supreme Court, New York County, entered March 3, 1976, after a jury trial, awarding plaintiff Cohen $1 compensatory damages and $35,000 punitive damages and plaintiff Zacker $1 compensatory damages and $15,000 punitive damages, is modified, on the facts and in the exercise of discretion, to the extent of reversing and remanding for a new trial on the issue of punitive damages claimed by plaintiff Cohen only, unless she, within 20 days after service upon her of a copy of the order herein with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor on the claim of punitive damages to $15,000, and to the entry of an amended judgment in accordance therewith. Except, as so modified, the judgment is affirmed, without costs or disbursements. If plaintiff Cohen so stipulates, the judgment as so amended and reduced is affirmed, without costs or disbursements. In our original review of this case, we outlined the pertinent facts and found as a matter of law that plaintiffs [70 A.D.2d 509 Page 510]