McGinn v. Slattery Rock Corp.

Appellate Terms of the Supreme Court of New York

McGinn v. Slattery Rock Corp.

11 Misc. 2d 482, 172 N.Y.S.2d 628, 1958 N.Y. Misc. LEXIS 4000

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 23, 1958

StatusPublished

This text of 11 Misc. 2d 482 (McGinn v. Slattery Rock Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGinn v. Slattery Rock Corp., 11 Misc. 2d 482, 172 N.Y.S.2d 628, 1958 N.Y. Misc. LEXIS 4000 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Although the record indicates that the fracture suffered by the infant plaintiff was not very painful and that it healed without complications the award in the sum of $250 is deemed inadequate. The injury required a closed reduction operation under anaesthesia followed by a plaster cast on the arm extending from the knuckles to the elbow which the infant wore for two and a half weeks. The plaster cast was replaced by a fabric type cast cover for six weeks.

The judgment should be reversed and a new trial ordered, with $30 costs, unless plaintiff and defendant, within 10 days after service of a copy of the order entered hereon, stipulate to modify the judgment so as to increase the infant’s recovery to $750, in which event judgment as modified affirmed, without costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

Although the record indicates that the fracture suffered by the infant plaintiff was not very painful and that it healed without complications the award in the sum of $250 is deemed inadequate. The injury required a closed reduction operation under anaesthesia followed by a plaster cast on the arm extending from the knuckles to the elbow which the infant wore for two and a half weeks. The plaster cast was replaced by a fabric type cast cover for six weeks.

The judgment should be reversed and a new trial ordered, with $30 costs, unless plaintiff and defendant, within 10 days after service of a copy of the order entered hereon, stipulate to modify the judgment so as to increase the infant’s recovery to $750, in which event judgment as modified affirmed, without costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

11 Misc. 2d 482, 172 N.Y.S.2d 628, 1958 N.Y. Misc. LEXIS 4000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcginn-v-slattery-rock-corp-nyappterm-1958.