Josephson v. Wibrew

Appellate Division of the Supreme Court of New York

Josephson v. Wibrew

15 A.D.2d 533, 222 N.Y.S.2d 739, 1961 N.Y. App. Div. LEXIS 7102

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

DecidedDecember 18, 1961

StatusPublished

Cited by3 cases

This text of 15 A.D.2d 533 (Josephson v. Wibrew) 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

Josephson v. Wibrew, 15 A.D.2d 533, 222 N.Y.S.2d 739, 1961 N.Y. App. Div. LEXIS 7102 (N.Y. Ct. App. 1961).

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Opinion

In our opinion, the verdicts rendered by the jury for the damages for the death and for the pain and suffering were excessive. It is also our opinion that it was error to admit in evidence the photograph, but that the error may be disregarded pursuant to section 106 of the Civil Practice Act. The verdict with respect to the cause of action for conscious pain and suffering was erroneous in form but not as a matter of substance, and [534]*534may be corrected without the necessity of a new trial (Polsey v. Waldorf-Astoria, 216 App. Div. 86; Kinsey v. Spencer & Son Corp., 165 Misc. 143, affd. 255 App. Div. 995, affd. 281 N. Y. 601; Farber v. Demino, 254 N. Y. 363). In any event, the error becomes immaterial, in view of our determination with respect to the amount of such verdict. Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.

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In our opinion, the verdicts rendered by the jury for the damages for the death and for the pain and suffering were excessive. It is also our opinion that it was error to admit in evidence the photograph, but that the error may be disregarded pursuant to section 106 of the Civil Practice Act. The verdict with respect to the cause of action for conscious pain and suffering was erroneous in form but not as a matter of substance, and [534]*534may be corrected without the necessity of a new trial (Polsey v. Waldorf-Astoria, 216 App. Div. 86; Kinsey v. Spencer & Son Corp., 165 Misc. 143, affd. 255 App. Div. 995, affd. 281 N. Y. 601; Farber v. Demino, 254 N. Y. 363). In any event, the error becomes immaterial, in view of our determination with respect to the amount of such verdict. Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

15 A.D.2d 533, 222 N.Y.S.2d 739, 1961 N.Y. App. Div. LEXIS 7102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/josephson-v-wibrew-nyappdiv-1961.

Opinion

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