Casey v. City of Albany

Appellate Division of the Supreme Court of New York

Casey v. City of Albany

63 A.D.2d 798, 405 N.Y.S.2d 142, 1978 N.Y. App. Div. LEXIS 11743

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

DecidedMay 18, 1978

StatusPublished

Cited by1 cases

This text of 63 A.D.2d 798 (Casey v. City of Albany) 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

Casey v. City of Albany, 63 A.D.2d 798, 405 N.Y.S.2d 142, 1978 N.Y. App. Div. LEXIS 11743 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a judgment of the Supreme Court, entered October 15, 1976 in Albany County, upon a verdict rendered at a Trial Term, in favor of plaintiff. The sole issue presented on this appeal is whether the jury’s award of damages in the sum of $6,000 to plaintiff for injuries sustained as the result of an assault by an Albany police officer was inadequate. The record reveals that plaintiff sustained a fractured jaw which had to be wired for a period of seven weeks during which time he was on a liquid diet. The record also reveals that plaintiff’s medical expenses totaled some $2,100 and his loss of time amounted to $2,160. It is our view that the verdict is plainly inadequate and must be set aside. Judgment reversed, on the law and the facts, and a new trial limited solely to the issue of damages ordered, with costs. Greenblott, J. P., Sweeney, Main and Mikoll, JJ., concur; Larkin, J., dissents and votes to affirm in the following memorandum. Larkin, J. (dissenting). Since the jury is in a much better position than an appellate court to evaluate the witnesses and the physical injuries, its verdict should not be disturbed.

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Appeal from a judgment of the Supreme Court, entered October 15, 1976 in Albany County, upon a verdict rendered at a Trial Term, in favor of plaintiff. The sole issue presented on this appeal is whether the jury’s award of damages in the sum of $6,000 to plaintiff for injuries sustained as the result of an assault by an Albany police officer was inadequate. The record reveals that plaintiff sustained a fractured jaw which had to be wired for a period of seven weeks during which time he was on a liquid diet. The record also reveals that plaintiff’s medical expenses totaled some $2,100 and his loss of time amounted to $2,160. It is our view that the verdict is plainly inadequate and must be set aside. Judgment reversed, on the law and the facts, and a new trial limited solely to the issue of damages ordered, with costs. Greenblott, J. P., Sweeney, Main and Mikoll, JJ., concur; Larkin, J., dissents and votes to affirm in the following memorandum. Larkin, J. (dissenting). Since the jury is in a much better position than an appellate court to evaluate the witnesses and the physical injuries, its verdict should not be disturbed.

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Bluebook (online)

63 A.D.2d 798, 405 N.Y.S.2d 142, 1978 N.Y. App. Div. LEXIS 11743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-city-of-albany-nyappdiv-1978.

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