Peabody v. Westchester Raging Ass'n

Appellate Division of the Supreme Court of New York

Peabody v. Westchester Raging Ass'n

284 A.D. 946, 135 N.Y.S.2d 252

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

DecidedNovember 9, 1954

StatusPublished

This text of 284 A.D. 946 (Peabody v. Westchester Raging Ass'n) 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

Peabody v. Westchester Raging Ass'n, 284 A.D. 946, 135 N.Y.S.2d 252 (N.Y. Ct. App. 1954).

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Opinion

In our opinion, the verdict of the jury is clearly excessive and may be the result of bias engendered in the minds of the jury by the admission of the evidence concerning so-called “ racket ” and alleged “ shakedown ” conspiracy. The admission of this evidence was clearly improper, as the trial court later conceded in its charge to the jury. On all the facts disclosed it was a close issue whether as a matter of law probable cause was shown. In any event, under all the facts and circumstances disclosed, we hold that the amount awarded was clearly excessive. Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates to reduce the total verdict to $1,500 in which event the judgment is affirmed, with costs to the appellants. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Callahan and Botein, J J.

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In our opinion, the verdict of the jury is clearly excessive and may be the result of bias engendered in the minds of the jury by the admission of the evidence concerning so-called “ racket ” and alleged “ shakedown ” conspiracy. The admission of this evidence was clearly improper, as the trial court later conceded in its charge to the jury. On all the facts disclosed it was a close issue whether as a matter of law probable cause was shown. In any event, under all the facts and circumstances disclosed, we hold that the amount awarded was clearly excessive. Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, unless the plaintiff stipulates to reduce the total verdict to $1,500 in which event the judgment is affirmed, with costs to the appellants. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Callahan and Botein, J J.

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Bluebook (online)

284 A.D. 946, 135 N.Y.S.2d 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peabody-v-westchester-raging-assn-nyappdiv-1954.