Love v. Baum

Appellate Division of the Supreme Court of New York

Love v. Baum

34 A.D.2d 634, 309 N.Y.S.2d 1016, 1970 N.Y. App. Div. LEXIS 5102

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

DecidedApril 16, 1970

StatusPublished

This text of 34 A.D.2d 634 (Love v. Baum) 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

Love v. Baum, 34 A.D.2d 634, 309 N.Y.S.2d 1016, 1970 N.Y. App. Div. LEXIS 5102 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment in favor of plaintiff Mary Love in the sum of $40,000 and in favor of Cecil Love in the sum of $5,000 for personal injuries unanimously reversed on the law, on the facts, and in the exercise of discretion, the judgment vacated and a new trial is granted, without costs and without disbursements, unless plaintiffs, respectively, within 20 days of service of a copy of the order hereon, stipulate to accept, respectively, $13,000 and $2,000 in lieu of award by verdict, in which event the judgment is modified to that extent and, as thus modified, affirmed, without costs and without disbursements. It is obvious that the award by verdict is excessive and not warranted by the record. Concur — Capozzoli, J. P., McGivern, Markewich and Tilzer, JJ.

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Judgment in favor of plaintiff Mary Love in the sum of $40,000 and in favor of Cecil Love in the sum of $5,000 for personal injuries unanimously reversed on the law, on the facts, and in the exercise of discretion, the judgment vacated and a new trial is granted, without costs and without disbursements, unless plaintiffs, respectively, within 20 days of service of a copy of the order hereon, stipulate to accept, respectively, $13,000 and $2,000 in lieu of award by verdict, in which event the judgment is modified to that extent and, as thus modified, affirmed, without costs and without disbursements. It is obvious that the award by verdict is excessive and not warranted by the record. Concur — Capozzoli, J. P., McGivern, Markewich and Tilzer, JJ.

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Bluebook (online)

34 A.D.2d 634, 309 N.Y.S.2d 1016, 1970 N.Y. App. Div. LEXIS 5102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/love-v-baum-nyappdiv-1970.