Carter v. Johnson Publishing Co.

Appellate Division of the Supreme Court of New York

Carter v. Johnson Publishing Co.

19 A.D.2d 800, 243 N.Y.S.2d 46, 1963 N.Y. App. Div. LEXIS 3184

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

DecidedOctober 1, 1963

StatusPublished

This text of 19 A.D.2d 800 (Carter v. Johnson Publishing 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

Carter v. Johnson Publishing Co., 19 A.D.2d 800, 243 N.Y.S.2d 46, 1963 N.Y. App. Div. LEXIS 3184 (N.Y. Ct. App. 1963).

Pincite

Opinion

Judgment unanimously reversed on the law and on the facts and a new trial ordered, unless the plaintff-respondcnt shall stipulate to accept the sum of $7,500, in which event the judgment as modified is affirmed, without costs. In this action in libel the jury returned a verdict in favor of plaintiff-respondent and against defendant-appellant in the sum of $52,500, consisting of $22,500 compensatory damages and $30,000 punitive damages. The court, on motion of defendant, entered an order reducing damages to $7,500, compensatory, and $12,500 punitive. In our view, the sum even as reduced is excessive. Although this was libel per se, on this record the compensatory damages do not exceed $2,500 and the punitive damages $5,000. Settle order on notice. Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Judgment unanimously reversed on the law and on the facts and a new trial ordered, unless the plaintff-respondcnt shall stipulate to accept the sum of $7,500, in which event the judgment as modified is affirmed, without costs. In this action in libel the jury returned a verdict in favor of plaintiff-respondent and against defendant-appellant in the sum of $52,500, consisting of $22,500 compensatory damages and $30,000 punitive damages. The court, on motion of defendant, entered an order reducing damages to $7,500, compensatory, and $12,500 punitive. In our view, the sum even as reduced is excessive. Although this was libel per se, on this record the compensatory damages do not exceed $2,500 and the punitive damages $5,000. Settle order on notice. Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

19 A.D.2d 800, 243 N.Y.S.2d 46, 1963 N.Y. App. Div. LEXIS 3184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-johnson-publishing-co-nyappdiv-1963.