Burke v. Gutter

Appellate Division of the Supreme Court of New York

Burke v. Gutter

19 A.D.2d 706, 242 N.Y.S.2d 471, 1963 N.Y. App. Div. LEXIS 3308

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

DecidedJuly 9, 1963

StatusPublished

This text of 19 A.D.2d 706 (Burke v. Gutter) 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

Burke v. Gutter, 19 A.D.2d 706, 242 N.Y.S.2d 471, 1963 N.Y. App. Div. LEXIS 3308 (N.Y. Ct. App. 1963).

Pincite

Opinion

Judgment in favor of plaintiff in the sum of $26,222.50 unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated, [707]*707and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $15,000. In lieu of the award by verdict, in which event, the judgment is modified to that extent and affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action, the jury verdict is excessive in its award of damages. A verdict in excess of the amount herein fixed is not warranted by the record. Settle order on notice. Concur — Breitel, J. P., Rabin, Eager and Bastow, JJ.

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Judgment in favor of plaintiff in the sum of $26,222.50 unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated, [707]*707and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $15,000. In lieu of the award by verdict, in which event, the judgment is modified to that extent and affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action, the jury verdict is excessive in its award of damages. A verdict in excess of the amount herein fixed is not warranted by the record. Settle order on notice. Concur — Breitel, J. P., Rabin, Eager and Bastow, JJ.

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Bluebook (online)

19 A.D.2d 706, 242 N.Y.S.2d 471, 1963 N.Y. App. Div. LEXIS 3308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-gutter-nyappdiv-1963.