Battista v. Rosenholz

Appellate Division of the Supreme Court of New York

Battista v. Rosenholz

285 A.D. 1082, 140 N.Y.S.2d 42, 1955 N.Y. App. Div. LEXIS 6724

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

DecidedApril 25, 1955

StatusPublished

This text of 285 A.D. 1082 (Battista v. Rosenholz) 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

Battista v. Rosenholz, 285 A.D. 1082, 140 N.Y.S.2d 42, 1955 N.Y. App. Div. LEXIS 6724 (N.Y. Ct. App. 1955).

Pincite

Opinion

In an action by plaintiff Sadie Battista to recover damages for personal injuries and by her husband for medical expenses and loss of services, the jury rendered a verdict in favor of plaintiff wife for $13,000, and in favor of plaintiff husband for $400. The court set aside the verdict in favor of plaintiff wife and granted a new trial, unless she stipulate to reduce the verdict to $9,000. Plaintiff wife so stipulated. Defendant Eleo Rosenholz appeals from the judgment entered on the verdict, as reduced, and from an order denying his motion for a new trial. Judgment and order reversed on the facts and a new trial granted, with costs to abide the event, unless plaintiff wife stipulate, within ten days after the entry of the order hereon, to further reduce the verdict in her favor [1083]*1083to $7,500, in which event the judgment, as so reduced, and the order are affirmed, 'without costs. In our opinion, the verdict in favor of plaintiff wife was excessive. Nolan, P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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In an action by plaintiff Sadie Battista to recover damages for personal injuries and by her husband for medical expenses and loss of services, the jury rendered a verdict in favor of plaintiff wife for $13,000, and in favor of plaintiff husband for $400. The court set aside the verdict in favor of plaintiff wife and granted a new trial, unless she stipulate to reduce the verdict to $9,000. Plaintiff wife so stipulated. Defendant Eleo Rosenholz appeals from the judgment entered on the verdict, as reduced, and from an order denying his motion for a new trial. Judgment and order reversed on the facts and a new trial granted, with costs to abide the event, unless plaintiff wife stipulate, within ten days after the entry of the order hereon, to further reduce the verdict in her favor [1083]*1083to $7,500, in which event the judgment, as so reduced, and the order are affirmed, 'without costs. In our opinion, the verdict in favor of plaintiff wife was excessive. Nolan, P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

285 A.D. 1082, 140 N.Y.S.2d 42, 1955 N.Y. App. Div. LEXIS 6724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battista-v-rosenholz-nyappdiv-1955.