Mende v. Brandt

Appellate Division of the Supreme Court of New York

Mende v. Brandt

249 A.D. 849, 294 N.Y.S. 342, 1937 N.Y. App. Div. LEXIS 9981

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

DecidedJanuary 22, 1937

StatusPublished

This text of 249 A.D. 849 (Mende v. Brandt) 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

Mende v. Brandt, 249 A.D. 849, 294 N.Y.S. 342, 1937 N.Y. App. Div. LEXIS 9981 (N.Y. Ct. App. 1937).

Pincite

Opinion

Action to recover damages for personal injuries sustained by plaintiff when struck and knocked down by an automobile owned and controlled by defendant. Appeal from a judgment for the plaintiff in the sum of $2,250, entered on a decision by the court without a jury. Judgment reversed on the facts and a new trial granted, costs to appellant to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce to $1,500 the amount of the judgment directed in his favor; in which event the judgment, as so reduced, is unanimously affirmed, without costs. We are of opinion that the amount awarded was excessive. Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.

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Action to recover damages for personal injuries sustained by plaintiff when struck and knocked down by an automobile owned and controlled by defendant. Appeal from a judgment for the plaintiff in the sum of $2,250, entered on a decision by the court without a jury. Judgment reversed on the facts and a new trial granted, costs to appellant to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce to $1,500 the amount of the judgment directed in his favor; in which event the judgment, as so reduced, is unanimously affirmed, without costs. We are of opinion that the amount awarded was excessive. Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

249 A.D. 849, 294 N.Y.S. 342, 1937 N.Y. App. Div. LEXIS 9981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mende-v-brandt-nyappdiv-1937.