Palmer v. Smith

Appellate Division of the Supreme Court of New York

Palmer v. Smith

280 A.D. 1032, 117 N.Y.S.2d 188, 1952 N.Y. App. Div. LEXIS 4619

Appellate Division of the Supreme Court of the State of New York·Decided November 7, 1952·Published·Cited by 1 cases

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $6,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of this appeal [1033] to any party, on the ground that the verdict is excessive. All concur. (Appeals from a judgment for plaintiff in an automobile negligence action. The order denied a motion for a new trial.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Wheeler, 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, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $6,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of this appeal [1033] to any party, on the ground that the verdict is excessive. All concur. (Appeals from a judgment for plaintiff in an automobile negligence action. The order denied a motion for a new trial.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Wheeler, JJ.

Palmer v. Smith, 280 A.D. 1032, 117 N.Y.S.2d 188, 1952 N.Y. App. Div. LEXIS 4619 (N.Y. Ct. App. 1952).

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Opinion

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