Akers v. State

Appellate Division of the Supreme Court of New York

Akers v. State

31 A.D.2d 728, 296 N.Y.S.2d 1016, 1968 N.Y. App. Div. LEXIS 2719

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1968

DocketNo. 2; Claim No. 46641

StatusPublished

This text of 31 A.D.2d 728 (Akers v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Akers v. State, 31 A.D.2d 728, 296 N.Y.S.2d 1016, 1968 N.Y. App. Div. LEXIS 2719 (N.Y. Ct. App. 1968).

Pincite

Opinion

—Judgment unanimously modified on the law and facts in accordance with the Memorandum herein, and as modified, judgment, and order, affirmed, with costs to claimant. Memorandum: In our opinion the award was inadequate as a matter of law. The evidence of plaintiff’s injuries, hospitalization, suffering, disabilities, scarring and prospective additional hospitalization for plastic surgery require that the award be increased in the sum of $20,000, to a total of $75,000, less the $47,500 paid to her by the driver of the other vehicle, Francis J. Riccardi. (Appeal from judgment and order of Court of Claims, in action for damages for wrongful death. Order denied motion to reopen claim.) Present—Bastow, P. J., Goldman, Marsh, Witmer and Henry, JJ.

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—Judgment unanimously modified on the law and facts in accordance with the Memorandum herein, and as modified, judgment, and order, affirmed, with costs to claimant. Memorandum: In our opinion the award was inadequate as a matter of law. The evidence of plaintiff’s injuries, hospitalization, suffering, disabilities, scarring and prospective additional hospitalization for plastic surgery require that the award be increased in the sum of $20,000, to a total of $75,000, less the $47,500 paid to her by the driver of the other vehicle, Francis J. Riccardi. (Appeal from judgment and order of Court of Claims, in action for damages for wrongful death. Order denied motion to reopen claim.) Present—Bastow, P. J., Goldman, Marsh, Witmer and Henry, JJ.

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Bluebook (online)

31 A.D.2d 728, 296 N.Y.S.2d 1016, 1968 N.Y. App. Div. LEXIS 2719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akers-v-state-nyappdiv-1968.