Jesselson v. Moody

Appellate Division of the Supreme Court of New York

Jesselson v. Moody

285 A.D. 1021, 139 N.Y.S.2d 502, 1955 N.Y. App. Div. LEXIS 6536

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

DecidedApril 12, 1955

StatusPublished

This text of 285 A.D. 1021 (Jesselson v. Moody) 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

Jesselson v. Moody, 285 A.D. 1021, 139 N.Y.S.2d 502, 1955 N.Y. App. Div. LEXIS 6536 (N.Y. Ct. App. 1955).

Pincite

Opinion

We think that the recovery in the death action was excessive in the circumstances of this case. Accordingly, the judgment in favor of the plaintiff Jesselson, as executor, etc., is unanimously reversed, the action severed and a new trial ordered as to said plaintiff, unless said plaintiff stipulates to reduce the verdict in his favor to the sum of $25,000, in which event the judgment, as so modified, is affirmed. The judgment as to the other plaintiffs in this action is affirmed. Settle order on notice. Present — Peck, P. J., Cohn, Callahan, Bastow and Rabin, JJ.

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We think that the recovery in the death action was excessive in the circumstances of this case. Accordingly, the judgment in favor of the plaintiff Jesselson, as executor, etc., is unanimously reversed, the action severed and a new trial ordered as to said plaintiff, unless said plaintiff stipulates to reduce the verdict in his favor to the sum of $25,000, in which event the judgment, as so modified, is affirmed. The judgment as to the other plaintiffs in this action is affirmed. Settle order on notice. Present — Peck, P. J., Cohn, Callahan, Bastow and Rabin, JJ.

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Bluebook (online)

285 A.D. 1021, 139 N.Y.S.2d 502, 1955 N.Y. App. Div. LEXIS 6536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jesselson-v-moody-nyappdiv-1955.