Applegate v. Marshall Construction Co.

Appellate Division of the Supreme Court of New York

Applegate v. Marshall Construction Co.

26 A.D.2d 538, 271 N.Y.S.2d 598, 1966 N.Y. App. Div. LEXIS 3851

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

DecidedJune 28, 1966

StatusPublished

This text of 26 A.D.2d 538 (Applegate v. Marshall Construction Co.) 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

Applegate v. Marshall Construction Co., 26 A.D.2d 538, 271 N.Y.S.2d 598, 1966 N.Y. App. Div. LEXIS 3851 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment in favor of plaintiff in the sum of $17,673 in a personal injury action, unanimously reversed, on the law and on the facts, the verdict vacated, and a new trial granted, without costs or disbursements, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, without costs or disbursements. The jury verdict was grossly excessive in its award of damages and a verdict in excess of $10,000 is not warranted by the record. Settle order on notice. Concur—■ Botein, P. J., Breitel, Rabin and McNally, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment in favor of plaintiff in the sum of $17,673 in a personal injury action, unanimously reversed, on the law and on the facts, the verdict vacated, and a new trial granted, without costs or disbursements, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, without costs or disbursements. The jury verdict was grossly excessive in its award of damages and a verdict in excess of $10,000 is not warranted by the record. Settle order on notice. Concur—■ Botein, P. J., Breitel, Rabin and McNally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

26 A.D.2d 538, 271 N.Y.S.2d 598, 1966 N.Y. App. Div. LEXIS 3851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applegate-v-marshall-construction-co-nyappdiv-1966.