Bregman v. Carleton Co.

Appellate Division of the Supreme Court of New York

Bregman v. Carleton Co.

253 A.D. 831, 1 N.Y.S.2d 587, 1938 N.Y. App. Div. LEXIS 8825

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

DecidedJanuary 21, 1938

StatusPublished

This text of 253 A.D. 831 (Bregman v. Carleton Co.) 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

Bregman v. Carleton Co., 253 A.D. 831, 1 N.Y.S.2d 587, 1938 N.Y. App. Div. LEXIS 8825 (N.Y. Ct. App. 1938).

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Opinion

In an action for damages to a building, caused by subway construction on Fulton street, Brooklyn, the plaintiff had a verdict which was set aside and a new trial granted, without an opinion by the trial justice indicating the reasons therefor. (See Coleman v. Brooklyn & Queens Transit Corp., 252 App. Div. 215.) However, it is apparent that there was manifest prejudicial error in the admission of evidence and in the charge, and it is very likely that the trial justice was convinced that the verdict was against the weight of evidence in respect to the amount of damages, and excessive. Order setting aside the verdict and granting a new trial unanimously affirmed, with costs to abide the event. Present — Hagarty, Carswell, Davis, Adel and Close, JJ.

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In an action for damages to a building, caused by subway construction on Fulton street, Brooklyn, the plaintiff had a verdict which was set aside and a new trial granted, without an opinion by the trial justice indicating the reasons therefor. (See Coleman v. Brooklyn & Queens Transit Corp., 252 App. Div. 215.) However, it is apparent that there was manifest prejudicial error in the admission of evidence and in the charge, and it is very likely that the trial justice was convinced that the verdict was against the weight of evidence in respect to the amount of damages, and excessive. Order setting aside the verdict and granting a new trial unanimously affirmed, with costs to abide the event. Present — Hagarty, Carswell, Davis, Adel and Close, JJ.

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Bluebook (online)

253 A.D. 831, 1 N.Y.S.2d 587, 1938 N.Y. App. Div. LEXIS 8825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bregman-v-carleton-co-nyappdiv-1938.

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