Estate of Towler v. Fordham Fuel Oil Corp.

Appellate Division of the Supreme Court of New York

Estate of Towler v. Fordham Fuel Oil Corp.

27 A.D.2d 807, 280 N.Y.S.2d 531, 1967 N.Y. App. Div. LEXIS 4712

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

DecidedMarch 7, 1967

StatusPublished

This text of 27 A.D.2d 807 (Estate of Towler v. Fordham Fuel Oil Corp.) 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

Estate of Towler v. Fordham Fuel Oil Corp., 27 A.D.2d 807, 280 N.Y.S.2d 531, 1967 N.Y. App. Div. LEXIS 4712 (N.Y. Ct. App. 1967).

Pincite

Opinion

—Judgment in favor of plaintiff unanimously reversed, on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, without costs and without disbursements, unless plaintiff stipulates to accept $35,000 in lieu of award by verdict in the wrongful death action for $57,000, in which event the judgment is modified to that extent and is affirmed as thus modified, without costs or disbursements. It is evident that the jury verdict in the wrongful death action is grossly excessive and that any award in excess of the amount indicated is not warranted by the record. Settle order on notice. Concur—Stevens, Steuer, Capozzoli, Rabin and MoNally, JJ.

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—Judgment in favor of plaintiff unanimously reversed, on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, without costs and without disbursements, unless plaintiff stipulates to accept $35,000 in lieu of award by verdict in the wrongful death action for $57,000, in which event the judgment is modified to that extent and is affirmed as thus modified, without costs or disbursements. It is evident that the jury verdict in the wrongful death action is grossly excessive and that any award in excess of the amount indicated is not warranted by the record. Settle order on notice. Concur—Stevens, Steuer, Capozzoli, Rabin and MoNally, JJ.

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Bluebook (online)

27 A.D.2d 807, 280 N.Y.S.2d 531, 1967 N.Y. App. Div. LEXIS 4712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-towler-v-fordham-fuel-oil-corp-nyappdiv-1967.