Gilligan v. Diebold, Inc.

Appellate Division of the Supreme Court of New York

Gilligan v. Diebold, Inc.

23 A.D.2d 728, 258 N.Y.S.2d 337, 1965 N.Y. App. Div. LEXIS 4546

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

DecidedApril 1, 1965

StatusPublished

This text of 23 A.D.2d 728 (Gilligan v. Diebold, Inc.) 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

Gilligan v. Diebold, Inc., 23 A.D.2d 728, 258 N.Y.S.2d 337, 1965 N.Y. App. Div. LEXIS 4546 (N.Y. Ct. App. 1965).

Pincite

Opinion

Judgment unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs to defendant-appellant, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and, as so modified, affirmed, with $50 costs to appellant. In this personal injury negligence action it is evident that a jury verdict in excess of $10,000 is not warranted on the record. Settle order on notice. 'Concur — Botein, P. J., Rabin, Valente, Steuer and Witmer, JJ.

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Judgment unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs to defendant-appellant, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and, as so modified, affirmed, with $50 costs to appellant. In this personal injury negligence action it is evident that a jury verdict in excess of $10,000 is not warranted on the record. Settle order on notice. 'Concur — Botein, P. J., Rabin, Valente, Steuer and Witmer, JJ.

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Bluebook (online)

23 A.D.2d 728, 258 N.Y.S.2d 337, 1965 N.Y. App. Div. LEXIS 4546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilligan-v-diebold-inc-nyappdiv-1965.