Muttillo v. Fazio

Appellate Division of the Supreme Court of New York

Muttillo v. Fazio

272 A.D.2d 786

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

DecidedApril 30, 1947

StatusPublished

This text of 272 A.D.2d 786 (Muttillo v. Fazio) 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

Muttillo v. Fazio, 272 A.D.2d 786 (N.Y. Ct. App. 1947).

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Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, [787]*787upon the ground that the damages awarded are inadequate on the uncontradicted evidence. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiffs against defendant Fox in three consolidated automobile negligence actions. The order denies plaintiffs’ motion for a new trial on the ground of inadequacy.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, [787]*787upon the ground that the damages awarded are inadequate on the uncontradicted evidence. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiffs against defendant Fox in three consolidated automobile negligence actions. The order denies plaintiffs’ motion for a new trial on the ground of inadequacy.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Bluebook (online)

272 A.D.2d 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muttillo-v-fazio-nyappdiv-1947.