Pignagrande v. Ciaccia

Appellate Division of the Supreme Court of New York

Pignagrande v. Ciaccia

63 A.D.2d 833, 406 N.Y.S.2d 188, 1978 N.Y. App. Div. LEXIS 11801

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

DecidedMay 26, 1978

StatusPublished

This text of 63 A.D.2d 833 (Pignagrande v. Ciaccia) 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

Pignagrande v. Ciaccia, 63 A.D.2d 833, 406 N.Y.S.2d 188, 1978 N.Y. App. Div. LEXIS 11801 (N.Y. Ct. App. 1978).

Pincite

Opinion

Judgment unanimously reversed, on the facts, with costs, and a new trial granted on the issue of damages only unless plaintiff shall, within 20 days of service of a copy of the order herein, stipulate to reduce the verdict to the sum of $4,000 in which event the judgment is modified accordingly and, as modified, affirmed, without costs. Memorandum: We find that the verdict is excessive. Plaintiff was never hospitalized, missed only one day of .work at his hairdressing profession and incurred only minimal medical expenses totaling $184. Plaintiffs medical proof clearly established that the injuries incurred in the accident, viz., muscle spasms of the back, were not permanent. [834]*834Accordingly, the judgment should be reversed and a new trial granted on the issue of damages only, unless plaintiff stipulates to reduce the verdict to $4,000. (Appeal from judgment of Monroe Supreme Court—automobile negligence.) Present—Marsh, P. J., Cardamone, Simons, Denman and Witmer, JJ.

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Judgment unanimously reversed, on the facts, with costs, and a new trial granted on the issue of damages only unless plaintiff shall, within 20 days of service of a copy of the order herein, stipulate to reduce the verdict to the sum of $4,000 in which event the judgment is modified accordingly and, as modified, affirmed, without costs. Memorandum: We find that the verdict is excessive. Plaintiff was never hospitalized, missed only one day of .work at his hairdressing profession and incurred only minimal medical expenses totaling $184. Plaintiffs medical proof clearly established that the injuries incurred in the accident, viz., muscle spasms of the back, were not permanent. [834]*834Accordingly, the judgment should be reversed and a new trial granted on the issue of damages only, unless plaintiff stipulates to reduce the verdict to $4,000. (Appeal from judgment of Monroe Supreme Court—automobile negligence.) Present—Marsh, P. J., Cardamone, Simons, Denman and Witmer, JJ.

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Bluebook (online)

63 A.D.2d 833, 406 N.Y.S.2d 188, 1978 N.Y. App. Div. LEXIS 11801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pignagrande-v-ciaccia-nyappdiv-1978.