Mastropolo v. John Lowry, Inc.
36 A.D.2d 817, 320 N.Y.S.2d 400, 1971 N.Y. App. Div. LEXIS 4200
Appellate Division of the Supreme Court of the State of New York·Decided April 26, 1971·Published·Cited by 2 cases
Opinion
Concur—-McNally, Steuer and Tilzer, JJ.; Markewich, J. P., and Nunez, J., dissent in the following memorandum: We would affirm. The trial court reduced the jury’s verdict in plaintiff’s favor from $85,000 to $40,000. Plaintiff sustained a complete fracture of the transverse process of the third lumbar vertebra. His accrued special damage at -the time of trial was about $5,000. The evidence amply justifies the amount fixed by the experienced Trial Justice who was in a much better position than we are to evaluate the entire case.
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Mastropolo v. John Lowry, Inc., 36 A.D.2d 817, 320 N.Y.S.2d 400, 1971 N.Y. App. Div. LEXIS 4200 (N.Y. Ct. App. 1971).
36 A.D.2d 817 (Mastropolo v. John Lowry, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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