Bellows Estate of Bellows v. Smith

Appellate Division of the Supreme Court of New York

Bellows Estate of Bellows v. Smith

50 A.D.2d 622, 375 N.Y.S.2d 43, 1975 N.Y. App. Div. LEXIS 12424

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

DecidedNovember 6, 1975

StatusPublished

Cited by2 cases

This text of 50 A.D.2d 622 (Bellows Estate of Bellows v. Smith) 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.

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Bellows Estate of Bellows v. Smith, 50 A.D.2d 622, 375 N.Y.S.2d 43, 1975 N.Y. App. Div. LEXIS 12424 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a judgment of the Supreme Court, entered January 15, 1975 in Ulster County, upon a verdict rendered at a Trial Term in favor of plaintiff for the wrongful death of the decedent. The sole question urged on this appeal is whether the award of $50,000 in damages was excessive and not supported by evidence in the record. The measure of damages for pecuniary loss is a complex factual determination and the jury’s assessment of the case will not be interfered with unless it is clearly excessive (see Tenczar v Milligan, 47 AD2d 773). In reaching its determination the jury is permitted to consider many elements. Taking into consideration all of the factors the jury could have weighed in the instant case, it cannot be said that its award was excessive.'Judgment affirmed, with costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court, entered January 15, 1975 in Ulster County, upon a verdict rendered at a Trial Term in favor of plaintiff for the wrongful death of the decedent. The sole question urged on this appeal is whether the award of $50,000 in damages was excessive and not supported by evidence in the record. The measure of damages for pecuniary loss is a complex factual determination and the jury’s assessment of the case will not be interfered with unless it is clearly excessive (see Tenczar v Milligan, 47 AD2d 773). In reaching its determination the jury is permitted to consider many elements. Taking into consideration all of the factors the jury could have weighed in the instant case, it cannot be said that its award was excessive.'Judgment affirmed, with costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

50 A.D.2d 622, 375 N.Y.S.2d 43, 1975 N.Y. App. Div. LEXIS 12424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellows-estate-of-bellows-v-smith-nyappdiv-1975.

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