Mayrant v. United Rental Corp.

Appellate Division of the Supreme Court of New York

Mayrant v. United Rental Corp.

19 A.D.2d 745, 242 N.Y.S.2d 972, 1963 N.Y. App. Div. LEXIS 3339

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

DecidedJuly 8, 1963

StatusPublished

This text of 19 A.D.2d 745 (Mayrant v. United Rental Corp.) 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

Mayrant v. United Rental Corp., 19 A.D.2d 745, 242 N.Y.S.2d 972, 1963 N.Y. App. Div. LEXIS 3339 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover damages for the wrongful death of plaintiff’s intestate and for the decedent’s conscious pain and suffering, the defendant United Rental Equipment Co., Inc. (sued as “ United Rental Corp.”) appeals from a judgment of the Supreme. Court, Kings County, entered February 21, 1962 after trial upon a jury’s verdict in favor of the plaintiff for $124,000 on the cause-.of action for wrongful death and for $11,000 on the cause of action for conscious pain and suffering. Judgment reversed on the law and on the facts, and new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, the plaintiff shall stipulate to reduce to $75,000 the amount of the verdict on the cause of action for wrongful death and to reduce accordingly the amount of the interest and the total amount of the recovery as set forth in the judgment; in which event the judgment, as so reduced, is affirmed, without costs. In our opinion, the award of damages for the wrongful death was grossly excessive. Ughetla, Acting- P. J,, Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In an action to recover damages for the wrongful death of plaintiff’s intestate and for the decedent’s conscious pain and suffering, the defendant United Rental Equipment Co., Inc. (sued as “ United Rental Corp.”) appeals from a judgment of the Supreme. Court, Kings County, entered February 21, 1962 after trial upon a jury’s verdict in favor of the plaintiff for $124,000 on the cause-.of action for wrongful death and for $11,000 on the cause of action for conscious pain and suffering. Judgment reversed on the law and on the facts, and new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, the plaintiff shall stipulate to reduce to $75,000 the amount of the verdict on the cause of action for wrongful death and to reduce accordingly the amount of the interest and the total amount of the recovery as set forth in the judgment; in which event the judgment, as so reduced, is affirmed, without costs. In our opinion, the award of damages for the wrongful death was grossly excessive. Ughetla, Acting- P. J,, Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 745, 242 N.Y.S.2d 972, 1963 N.Y. App. Div. LEXIS 3339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayrant-v-united-rental-corp-nyappdiv-1963.