Fitzgerald v. Fuller

Appellate Division of the Supreme Court of New York

Fitzgerald v. Fuller

12 A.D.2d 783, 209 N.Y.S.2d 595, 1961 N.Y. App. Div. LEXIS 13439

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

DecidedJanuary 9, 1961

StatusPublished

This text of 12 A.D.2d 783 (Fitzgerald v. Fuller) 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

Fitzgerald v. Fuller, 12 A.D.2d 783, 209 N.Y.S.2d 595, 1961 N.Y. App. Div. LEXIS 13439 (N.Y. Ct. App. 1961).

Pincite

Opinion

. In an action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Kings County, entered April 22, 1960, [784]*784in favor of plaintiff Drina Fitzgerald, upon a verdict for $12,000, after a jury trial. The evidence adduced by said plaintiff shows that she suffered a post concussion syndrome and a superimposed psyehoneurosis of the particular variety known as an anxiety state. Judgment reversed on the facts and a new trial granted, with costs to defendants to abide the event, unless, within 20 days after the entry of the order hereon, said plaintiff shall stipulate to reduce the verdict to $7,000, in which event the judgment, as so reduced, is affirmed, without costs. In our opinion, the amount of the verdict is grossly excessive for the injuries proved. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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. In an action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Kings County, entered April 22, 1960, [784]*784in favor of plaintiff Drina Fitzgerald, upon a verdict for $12,000, after a jury trial. The evidence adduced by said plaintiff shows that she suffered a post concussion syndrome and a superimposed psyehoneurosis of the particular variety known as an anxiety state. Judgment reversed on the facts and a new trial granted, with costs to defendants to abide the event, unless, within 20 days after the entry of the order hereon, said plaintiff shall stipulate to reduce the verdict to $7,000, in which event the judgment, as so reduced, is affirmed, without costs. In our opinion, the amount of the verdict is grossly excessive for the injuries proved. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

12 A.D.2d 783, 209 N.Y.S.2d 595, 1961 N.Y. App. Div. LEXIS 13439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-fuller-nyappdiv-1961.