Martino v. City of Jamestown

Appellate Division of the Supreme Court of New York

Martino v. City of Jamestown

8 A.D.2d 932, 1959 N.Y. App. Div. LEXIS 7975

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

DecidedJune 18, 1959

StatusPublished

This text of 8 A.D.2d 932 (Martino v. City of Jamestown) 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

Martino v. City of Jamestown, 8 A.D.2d 932, 1959 N.Y. App. Div. LEXIS 7975 (N.Y. Ct. App. 1959).

Pincite

Opinion

Judgment and order reversed on the facts-and a new trial granted, with costs to the plaintiff to abide the event, unless the defendant shall, within 10 days, stipulate to increase the verdict to the sum of $10,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of these appeals to either party. Memorandum: Upon the proof in this ease the verdict of the jury was inadequate. All concur. (Cross appeals from a judgment of Chautauqua Trial Term for plaintiff in an action for damages for personal injuries alleged to have been sustained by reason of dangerous condition of sliding area in recreation park. The order denied a motion for a new trial.) Present — McCurn, P. J., Kimball, Bastow, Goldman and Halpern, JJ.

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Judgment and order reversed on the facts-and a new trial granted, with costs to the plaintiff to abide the event, unless the defendant shall, within 10 days, stipulate to increase the verdict to the sum of $10,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of these appeals to either party. Memorandum: Upon the proof in this ease the verdict of the jury was inadequate. All concur. (Cross appeals from a judgment of Chautauqua Trial Term for plaintiff in an action for damages for personal injuries alleged to have been sustained by reason of dangerous condition of sliding area in recreation park. The order denied a motion for a new trial.) Present — McCurn, P. J., Kimball, Bastow, Goldman and Halpern, JJ.

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Bluebook (online)

8 A.D.2d 932, 1959 N.Y. App. Div. LEXIS 7975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martino-v-city-of-jamestown-nyappdiv-1959.