Malvasio v. Landers

Appellate Division of the Supreme Court of New York

Malvasio v. Landers

29 A.D.2d 884, 289 N.Y.S.2d 742, 1968 N.Y. App. Div. LEXIS 4413

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

DecidedMarch 18, 1968

StatusPublished

Cited by1 cases

This text of 29 A.D.2d 884 (Malvasio v. Landers) 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

Malvasio v. Landers, 29 A.D.2d 884, 289 N.Y.S.2d 742, 1968 N.Y. App. Div. LEXIS 4413 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment of the Supreme Court, Queens County, dated April 24, 1967, reversed, on the law and the facts, and new trial granted, with costs to defendants to abide the event, unless within 20 days of the entry of the order hereon a written stipulation on behalf of the infant plaintiff be served and filed in the office of the Clerk of the County of Queens consenting to reduce the verdict in her favor to $50,000 and to the entry of an amended judgment in accordance therewith, in which event judgment, as so reduced and amended, is affirmed, without costs. In our opinion, the award of $95,000 to the infant plaintiff was excessive in light of the nature of her injuries. Whatever the nature of the permanent brain damage, it in no way impaired her physical activity. Christ, Acting P. J., Hopkins, Benjamin, Munder and Martuseello, JJ., concur.

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Judgment of the Supreme Court, Queens County, dated April 24, 1967, reversed, on the law and the facts, and new trial granted, with costs to defendants to abide the event, unless within 20 days of the entry of the order hereon a written stipulation on behalf of the infant plaintiff be served and filed in the office of the Clerk of the County of Queens consenting to reduce the verdict in her favor to $50,000 and to the entry of an amended judgment in accordance therewith, in which event judgment, as so reduced and amended, is affirmed, without costs. In our opinion, the award of $95,000 to the infant plaintiff was excessive in light of the nature of her injuries. Whatever the nature of the permanent brain damage, it in no way impaired her physical activity. Christ, Acting P. J., Hopkins, Benjamin, Munder and Martuseello, JJ., concur.

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Bluebook (online)

29 A.D.2d 884, 289 N.Y.S.2d 742, 1968 N.Y. App. Div. LEXIS 4413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malvasio-v-landers-nyappdiv-1968.

Opinion

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