Boudreau v. Damas Food Mart Corp.
This text of 52 Misc. 2d 930 (Boudreau v. Damas Food Mart Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order unanimously reversed, with $30 costs, and verdict reinstated. While a court may set aside a jury’s verdict for insufficiency, its discretion nevertheless is limited. In this negligence action it cannot be said that the verdict was so inadequate as to reflect bias or prejudice on the part of the jury, warranting the trial court in setting the verdict aside as shocking to the conscience of the court. On the evidence, it appears that the amount awarded represents a fair assessment of damages.
Concur — Hofstadter, J. P., Tilzer and Gold, JJ,
Order reversed, etc,
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Cite This Page — Counsel Stack
52 Misc. 2d 930, 277 N.Y.S.2d 246, 1966 N.Y. Misc. LEXIS 1318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boudreau-v-damas-food-mart-corp-nyappterm-1966.