Maxwell v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Maxwell v. New York City Transit Authority

14 A.D.2d 552, 218 N.Y.S.2d 100, 1961 N.Y. App. Div. LEXIS 9667

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

DecidedJuly 5, 1961

StatusPublished

This text of 14 A.D.2d 552 (Maxwell v. New York City Transit Authority) 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

Maxwell v. New York City Transit Authority, 14 A.D.2d 552, 218 N.Y.S.2d 100, 1961 N.Y. App. Div. LEXIS 9667 (N.Y. Ct. App. 1961).

Pincite

Opinion

[553]*553In our opinion, the jury was free to find that the accident served to aggravate plaintiff’s congenital back condition and that such injury seriously impaired his ability to work at physical labor in his former capacity of a gas station attendant. However, the plaintiff did admit that he was capable of doing some light work, and for that reason we hold that the jury’s verdict was excessive. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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[553]*553In our opinion, the jury was free to find that the accident served to aggravate plaintiff’s congenital back condition and that such injury seriously impaired his ability to work at physical labor in his former capacity of a gas station attendant. However, the plaintiff did admit that he was capable of doing some light work, and for that reason we hold that the jury’s verdict was excessive. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

14 A.D.2d 552, 218 N.Y.S.2d 100, 1961 N.Y. App. Div. LEXIS 9667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-new-york-city-transit-authority-nyappdiv-1961.