Ayres v. Hertz Corp.

Appellate Division of the Supreme Court of New York

Ayres v. Hertz Corp.

83 A.D.2d 952, 442 N.Y.S.2d 1005, 1981 N.Y. App. Div. LEXIS 15406

Appellate Division of the Supreme Court of the State of New York·Decided September 28, 1981·Published·Cited by 1 cases

Opinion

In an action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Bracken, J.), entered July 18,1980, which was in their favor in the principal amount of $575, upon a jury verdict. Judgment affirmed, with costs. The trial court acted well within its discretionary powers when it resubmitted the case to the jury, rather than grant a new trial, after the jury had returned an inconsistent verdict (see CPLR 4111, subd [c]; Jacques v Sears, Roebuck & Co., 30 NY2d 466; see, also, Siegel, New York Practice, § 399). Mangano, J.P., Gibbons, Cohalan and O’Connor, JJ. concur.

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In an action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Bracken, J.), entered July 18,1980, which was in their favor in the principal amount of $575, upon a jury verdict. Judgment affirmed, with costs. The trial court acted well within its discretionary powers when it resubmitted the case to the jury, rather than grant a new trial, after the jury had returned an inconsistent verdict (see CPLR 4111, subd [c]; Jacques v Sears, Roebuck & Co., 30 NY2d 466; see, also, Siegel, New York Practice, § 399). Mangano, J.P., Gibbons, Cohalan and O’Connor, JJ. concur.

Ayres v. Hertz Corp., 83 A.D.2d 952, 442 N.Y.S.2d 1005, 1981 N.Y. App. Div. LEXIS 15406 (N.Y. Ct. App. 1981).

Pincite

83 A.D.2d 952 (Ayres v. Hertz Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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