Kelly v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York

Kelly v. Town of Oyster Bay

9 A.D.2d 930, 195 N.Y.S.2d 9, 1959 N.Y. App. Div. LEXIS 5384

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

DecidedDecember 28, 1959

StatusPublished

This text of 9 A.D.2d 930 (Kelly v. Town of Oyster Bay) 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

Kelly v. Town of Oyster Bay, 9 A.D.2d 930, 195 N.Y.S.2d 9, 1959 N.Y. App. Div. LEXIS 5384 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to recover damages for personal injuries, the appeal is from a judgment entered upon a jury’s verdict for $65,000 in favor of respondent against appellant. Judgment reversed and a new trial granted, with costs to abide the event, unless respondent, within 10 days after the entry of the order hereon, stipulate to reduce the amount of the verdict to $50,000, in which event, the judgment, as so reduced, is affirmed, without costs. It is our opinion that the determination as to the liability of appellant was properly left to the jury but that the verdict is excessive. Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur,

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In an action to recover damages for personal injuries, the appeal is from a judgment entered upon a jury’s verdict for $65,000 in favor of respondent against appellant. Judgment reversed and a new trial granted, with costs to abide the event, unless respondent, within 10 days after the entry of the order hereon, stipulate to reduce the amount of the verdict to $50,000, in which event, the judgment, as so reduced, is affirmed, without costs. It is our opinion that the determination as to the liability of appellant was properly left to the jury but that the verdict is excessive. Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur,

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Bluebook (online)

9 A.D.2d 930, 195 N.Y.S.2d 9, 1959 N.Y. App. Div. LEXIS 5384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-town-of-oyster-bay-nyappdiv-1959.