Mahony v. Long Island Rail Road

Appellate Division of the Supreme Court of New York

Mahony v. Long Island Rail Road

34 A.D.2d 642, 311 N.Y.S.2d 257, 1970 N.Y. App. Div. LEXIS 4996

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

DecidedApril 30, 1970

StatusPublished

This text of 34 A.D.2d 642 (Mahony v. Long Island Rail Road) 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

Mahony v. Long Island Rail Road, 34 A.D.2d 642, 311 N.Y.S.2d 257, 1970 N.Y. App. Div. LEXIS 4996 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment in favor of plaintiff for personal injuries unanimously reversed on the law, on the facts and in the exercise of discretion, without costs and without disbursements, and a new trial granted unless plaintiff within 20 days of service of a copy of the order herein upon him by defendant stipulates to accept the sum of $10,000 in .lieu of the award by verdict for pain and suffering, 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 verdict for pain and suffering is grossly excessive and not supported by the record. Concur—Stevens, P. J., Markewich, Nunez and Steuer, JJ.

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Judgment in favor of plaintiff for personal injuries unanimously reversed on the law, on the facts and in the exercise of discretion, without costs and without disbursements, and a new trial granted unless plaintiff within 20 days of service of a copy of the order herein upon him by defendant stipulates to accept the sum of $10,000 in .lieu of the award by verdict for pain and suffering, 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 verdict for pain and suffering is grossly excessive and not supported by the record. Concur—Stevens, P. J., Markewich, Nunez and Steuer, JJ.

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Bluebook (online)

34 A.D.2d 642, 311 N.Y.S.2d 257, 1970 N.Y. App. Div. LEXIS 4996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahony-v-long-island-rail-road-nyappdiv-1970.