Lovetere v. Stackhouse

25 A.D.2d 629, 268 N.Y.S.2d 974, 1966 N.Y. App. Div. LEXIS 4814

Opinion

Judgment in favor of plaintiffs, unanimously reversed, on the law, on the facts and in the exercise of discretion, the verdict vacated and a new assessment of damages ordered, with $50 costs to defendant-appellant, unless plaintiff Anna Lovetere stipulates to accept $10,000 and plaintiff Salvatore Lovetere stipulates to accept $2,000 in lieu of the amounts awarded them by verdict, in which event the judgment is modified to that extent and, as so modified, affirmed, with $50 costs to defendant-appellant. In this personal injury negligence action, it is evident that the amounts awarded by the jury are grossly excessive and that a verdict in excess of the amounts indicated is not warranted on this record. Settle order on notice.

Coneur — Botein, P. J., McNally, Stevens and Bastow, JJ.