Manning v. Astwood

Appellate Division of the Supreme Court of New York

Manning v. Astwood

33 A.D.2d 540, 304 N.Y.S.2d 584, 1969 N.Y. App. Div. LEXIS 3165

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

DecidedOctober 14, 1969

StatusPublished

This text of 33 A.D.2d 540 (Manning v. Astwood) 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

Manning v. Astwood, 33 A.D.2d 540, 304 N.Y.S.2d 584, 1969 N.Y. App. Div. LEXIS 3165 (N.Y. Ct. App. 1969).

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Opinion

Judgment in favor of Carolyn Hazzard for personal injuries in the sum of $9,500 unanimously reversed on the law, on the facts and in the exercise of discretion and a new trial granted as to that plaintiff, without costs and without disbursements, unless Carolyn Hazzard stipulates within 20 days of the order entered herein to accept $7,000 in lieu of the award of $9,500 in which event the judgment in her favor is modified to that extent and as thus modified affirmed, without costs and without disbursements. It is obvious that ■the award by verdict of $9,500 is excessive and not supported by the record. In all other respects the judgment as entered is affirmed. Concur — Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.

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Judgment in favor of Carolyn Hazzard for personal injuries in the sum of $9,500 unanimously reversed on the law, on the facts and in the exercise of discretion and a new trial granted as to that plaintiff, without costs and without disbursements, unless Carolyn Hazzard stipulates within 20 days of the order entered herein to accept $7,000 in lieu of the award of $9,500 in which event the judgment in her favor is modified to that extent and as thus modified affirmed, without costs and without disbursements. It is obvious that ■the award by verdict of $9,500 is excessive and not supported by the record. In all other respects the judgment as entered is affirmed. Concur — Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.

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Bluebook (online)

33 A.D.2d 540, 304 N.Y.S.2d 584, 1969 N.Y. App. Div. LEXIS 3165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-astwood-nyappdiv-1969.