Candelario v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Candelario v. New York City Transit Authority

38 A.D.2d 819, 330 N.Y.S.2d 300, 1972 N.Y. App. Div. LEXIS 5257

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

DecidedFebruary 28, 1972

StatusPublished

This text of 38 A.D.2d 819 (Candelario v. New York City Transit Authority) 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

Candelario v. New York City Transit Authority, 38 A.D.2d 819, 330 N.Y.S.2d 300, 1972 N.Y. App. Div. LEXIS 5257 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered on May 3, 1971, after a jury trial, in favor of plaintiff in the sum of $75,792.75 in a personal injury action, unanimously reversed, on the law and on the facts, the verdict vacated and a new trial granted, with costs to abide the event, unless plaintiff within 20 days of service upon him by the defendant-appellant of a copy of the order entered hereon, with notice of entry thereof, stipulates to accept $30,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and is affirmed as thus modified, without costs and without disbursements. In this personal injury action the jury verdict is grossly excessive, and a verdict in excess of $30,000 is not warranted by the record. Concur — McGivern, J. P., Nunez, McNally, Steuer and Tilzer, JJ.

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Judgment, Supreme Court, New York County, entered on May 3, 1971, after a jury trial, in favor of plaintiff in the sum of $75,792.75 in a personal injury action, unanimously reversed, on the law and on the facts, the verdict vacated and a new trial granted, with costs to abide the event, unless plaintiff within 20 days of service upon him by the defendant-appellant of a copy of the order entered hereon, with notice of entry thereof, stipulates to accept $30,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and is affirmed as thus modified, without costs and without disbursements. In this personal injury action the jury verdict is grossly excessive, and a verdict in excess of $30,000 is not warranted by the record. Concur — McGivern, J. P., Nunez, McNally, Steuer and Tilzer, JJ.

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Bluebook (online)

38 A.D.2d 819, 330 N.Y.S.2d 300, 1972 N.Y. App. Div. LEXIS 5257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/candelario-v-new-york-city-transit-authority-nyappdiv-1972.