Gonzalez v. Levine

Appellate Division of the Supreme Court of New York

Gonzalez v. Levine

12 A.D.2d 905, 212 N.Y.S.2d 719, 1961 N.Y. App. Div. LEXIS 12698

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

DecidedFebruary 14, 1961

StatusPublished

This text of 12 A.D.2d 905 (Gonzalez v. Levine) 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

Gonzalez v. Levine, 12 A.D.2d 905, 212 N.Y.S.2d 719, 1961 N.Y. App. Div. LEXIS 12698 (N.Y. Ct. App. 1961).

Pincite

Opinion

Judgment in favor of plaintiff in the sum of $80,217.50 reversed, on the law and on the facts, the verdict vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $50,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action it is evident that the jury verdict is grossly excessive in its award of damages, and that a verdict in excess of $50,000 is [906]*906not warranted by the record. Concur — McNally, J. P., Stevens and Steuer, JJ.; Eager and Bastow, JJ., dissent and vote to affirm. Settle order on notice.

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Judgment in favor of plaintiff in the sum of $80,217.50 reversed, on the law and on the facts, the verdict vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $50,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action it is evident that the jury verdict is grossly excessive in its award of damages, and that a verdict in excess of $50,000 is [906]*906not warranted by the record. Concur — McNally, J. P., Stevens and Steuer, JJ.; Eager and Bastow, JJ., dissent and vote to affirm. Settle order on notice.

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Bluebook (online)

12 A.D.2d 905, 212 N.Y.S.2d 719, 1961 N.Y. App. Div. LEXIS 12698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-levine-nyappdiv-1961.