Goldsmith v. City of New York

Appellate Division of the Supreme Court of New York

Goldsmith v. City of New York

249 A.D. 621, 292 N.Y.S. 167, 1936 N.Y. App. Div. LEXIS 5277

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1936·Published

Opinion

Action to recover for personal injuries to wife, and companion action of husband for loss of services, etc., arising out of an accident due to obstruction in a public highway and absence of lights thereon, during construction work by defendant. Judgment for plaintiffs reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon the plaintiffs stipulate to reduce the verdicts from $10,000 to $7,500 in plaintiff wife’s action and from $2,000 to $1,000 in the husband’s action for loss of services; in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdicts are excessive. Present — Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ.

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Action to recover for personal injuries to wife, and companion action of husband for loss of services, etc., arising out of an accident due to obstruction in a public highway and absence of lights thereon, during construction work by defendant. Judgment for plaintiffs reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon the plaintiffs stipulate to reduce the verdicts from $10,000 to $7,500 in plaintiff wife’s action and from $2,000 to $1,000 in the husband’s action for loss of services; in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdicts are excessive. Present — Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ.

Goldsmith v. City of New York, 249 A.D. 621, 292 N.Y.S. 167, 1936 N.Y. App. Div. LEXIS 5277 (N.Y. Ct. App. 1936).

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249 A.D. 621 (Goldsmith v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.