Berrios v. Holy Name Day Nursery

Appellate Division of the Supreme Court of New York

Berrios v. Holy Name Day Nursery

31 A.D.2d 739, 296 N.Y.S.2d 575, 1969 N.Y. App. Div. LEXIS 4733

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

DecidedJanuary 23, 1969

StatusPublished

This text of 31 A.D.2d 739 (Berrios v. Holy Name Day Nursery) 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

Berrios v. Holy Name Day Nursery, 31 A.D.2d 739, 296 N.Y.S.2d 575, 1969 N.Y. App. Div. LEXIS 4733 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order of the Appellate Term entered February 7, 1968, unanimously reversed, on the law and the facts, and in the exercise of discretion, without costs or disbursements, and the verdict of the Civil Court reinstated. Considering the nature and extent of the injury sustained by the infant plaintiff, her pain and suffering, as well as the medical expense incurred, it cannot be said that the verdict returned bears no reasonable relationship to the loss suffered. It does not appear, moreover, that the verdict was the result of improper motive. In the circumstances it constituted an abuse of discretion to set aside the verdict. (Reich v. Evans, 7 A D 2d 765.) Concur—Stevens, P. J., Eager, Tilzer and McNally, JJ.

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Order of the Appellate Term entered February 7, 1968, unanimously reversed, on the law and the facts, and in the exercise of discretion, without costs or disbursements, and the verdict of the Civil Court reinstated. Considering the nature and extent of the injury sustained by the infant plaintiff, her pain and suffering, as well as the medical expense incurred, it cannot be said that the verdict returned bears no reasonable relationship to the loss suffered. It does not appear, moreover, that the verdict was the result of improper motive. In the circumstances it constituted an abuse of discretion to set aside the verdict. (Reich v. Evans, 7 A D 2d 765.) Concur—Stevens, P. J., Eager, Tilzer and McNally, JJ.

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Bluebook (online)

31 A.D.2d 739, 296 N.Y.S.2d 575, 1969 N.Y. App. Div. LEXIS 4733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berrios-v-holy-name-day-nursery-nyappdiv-1969.