McVay v. Board of Education

Appellate Division of the Supreme Court of New York

McVay v. Board of Education

10 A.D.2d 705, 197 N.Y.S.2d 797, 1960 N.Y. App. Div. LEXIS 10891

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

DecidedMarch 29, 1960

StatusPublished

This text of 10 A.D.2d 705 (McVay v. Board of Education) 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

McVay v. Board of Education, 10 A.D.2d 705, 197 N.Y.S.2d 797, 1960 N.Y. App. Div. LEXIS 10891 (N.Y. Ct. App. 1960).

Pincite

Opinion

Judgment appealed from unanimously reversed on the law and on the facts and in the exercise of discretion because of the inadequacy of the damages awarded and a new trial ordered, with costs to the appellants, unless the defendant, the Board of Education of the City of New York, stipulates to increase the verdict for the infant plaintiff to the sum of $35,000, in which event the judgment, as so modified, is affirmed, with costs to appellants. (See O’Connor v. Papertsian, 309 N. Y. 465.) On the evidence in this case, the amount awarded by the jury to the infant plaintiff was grossly inadequate. The appeal from the ruling of the trial court denying plaintiffs’ motion to set aside the verdict and for a new trial, incorrectly designated as an order in the notice of appeal, is dismissed. The ruling has been reviewed on the appeal from the judgment and no separate appeal may be taken therefrom in the absence of the entry of a formal order. (Civ. Prac. Act, § 549.) Settle order. Concur — Botein, P. J., Breitel, Yalente, McNally and Stevens, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment appealed from unanimously reversed on the law and on the facts and in the exercise of discretion because of the inadequacy of the damages awarded and a new trial ordered, with costs to the appellants, unless the defendant, the Board of Education of the City of New York, stipulates to increase the verdict for the infant plaintiff to the sum of $35,000, in which event the judgment, as so modified, is affirmed, with costs to appellants. (See O’Connor v. Papertsian, 309 N. Y. 465.) On the evidence in this case, the amount awarded by the jury to the infant plaintiff was grossly inadequate. The appeal from the ruling of the trial court denying plaintiffs’ motion to set aside the verdict and for a new trial, incorrectly designated as an order in the notice of appeal, is dismissed. The ruling has been reviewed on the appeal from the judgment and no separate appeal may be taken therefrom in the absence of the entry of a formal order. (Civ. Prac. Act, § 549.) Settle order. Concur — Botein, P. J., Breitel, Yalente, McNally and Stevens, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

10 A.D.2d 705, 197 N.Y.S.2d 797, 1960 N.Y. App. Div. LEXIS 10891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcvay-v-board-of-education-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack