Frederick v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Frederick v. New York City Transit Authority

26 A.D.2d 570, 272 N.Y.S.2d 958, 1966 N.Y. App. Div. LEXIS 3942

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

DecidedJune 20, 1966

StatusPublished

This text of 26 A.D.2d 570 (Frederick 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

Frederick v. New York City Transit Authority, 26 A.D.2d 570, 272 N.Y.S.2d 958, 1966 N.Y. App. Div. LEXIS 3942 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal injury, defendants appeal from an amended and resettled judgment of the Supreme Court, Kings County, entered December 28, 1964, in plaintiff’s favor upon a jury verdict, in a reduced amount as stipulated to by plaintiff in pursuance of the trial court’s decision conditionally granting defendants’ motion to set aside the verdict and for a new trial. Judgment modified, on the law and the facts, by increasing the amount of the judgment to $175,000, the amount of the verdict, plus appropriate interest, costs and disbursements. As so modified, judgment affirmed, with costs to respondent. In our opinion, considering the nature of the injury as it relates to the circumstances of this plaintiff, the verdict of the jury was not excessive; and defendants’ motion to set it aside should have been denied unconditionally. The verdict is herewith increased under CPLR 5501 (subd. [a], par. 5). Christ, Acting P. J., Rabin and Hopkins, JJ., concur; Benjamin, J., dissents and votes to affirm the judgment.

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In a negligence action to recover damages for personal injury, defendants appeal from an amended and resettled judgment of the Supreme Court, Kings County, entered December 28, 1964, in plaintiff’s favor upon a jury verdict, in a reduced amount as stipulated to by plaintiff in pursuance of the trial court’s decision conditionally granting defendants’ motion to set aside the verdict and for a new trial. Judgment modified, on the law and the facts, by increasing the amount of the judgment to $175,000, the amount of the verdict, plus appropriate interest, costs and disbursements. As so modified, judgment affirmed, with costs to respondent. In our opinion, considering the nature of the injury as it relates to the circumstances of this plaintiff, the verdict of the jury was not excessive; and defendants’ motion to set it aside should have been denied unconditionally. The verdict is herewith increased under CPLR 5501 (subd. [a], par. 5). Christ, Acting P. J., Rabin and Hopkins, JJ., concur; Benjamin, J., dissents and votes to affirm the judgment.

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Bluebook (online)

26 A.D.2d 570, 272 N.Y.S.2d 958, 1966 N.Y. App. Div. LEXIS 3942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frederick-v-new-york-city-transit-authority-nyappdiv-1966.