Maltese v. Townsend

Appellate Division of the Supreme Court of New York

Maltese v. Townsend

21 A.D.2d 779, 252 N.Y.S.2d 271, 1964 N.Y. App. Div. LEXIS 3478

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

DecidedJune 23, 1964

StatusPublished

This text of 21 A.D.2d 779 (Maltese v. Townsend) 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

Maltese v. Townsend, 21 A.D.2d 779, 252 N.Y.S.2d 271, 1964 N.Y. App. Div. LEXIS 3478 (N.Y. Ct. App. 1964).

Pincite

Opinion

Judgment in favor of plaintiff unanimously reversed on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict (as reduced), in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action it is evident that the jury verdict (as reduced) is still excessive and that a verdict of in excess of $10,000 is not warranted on the record. Settle order on notice. Concur — Botein, P. J., Rabin, McNally, Stevens and Steuer, JJ.

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Judgment in favor of plaintiff unanimously reversed on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict (as reduced), in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action it is evident that the jury verdict (as reduced) is still excessive and that a verdict of in excess of $10,000 is not warranted on the record. Settle order on notice. Concur — Botein, P. J., Rabin, McNally, Stevens and Steuer, JJ.

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Bluebook (online)

21 A.D.2d 779, 252 N.Y.S.2d 271, 1964 N.Y. App. Div. LEXIS 3478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maltese-v-townsend-nyappdiv-1964.