Pope v. Sunrise Nash Co.

Appellate Division of the Supreme Court of New York

Pope v. Sunrise Nash Co.

234 A.D. 896

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

DecidedDecember 15, 1931

StatusPublished

This text of 234 A.D. 896 (Pope v. Sunrise Nash Co.) 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

Pope v. Sunrise Nash Co., 234 A.D. 896 (N.Y. Ct. App. 1931).

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Opinion

Order of the County Court of Suffolk county setting aside the verdict and directing a new trial reversed on the law and the facts, with costs, and motion denied, with costs, on condition that the plaintiff stipulate that the verdict be reduced to $500, in which event the verdict is reinstated for that amount. If plaintiff fails to make such stipulation, the order is unanimously affirmed, with costs. In our opinion, a verdict in plaintiff’s favor was sustained by the greater weight of evidence, and it should not have been set aside. The damages, however, are excessive and should be reduced to $500. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

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Order of the County Court of Suffolk county setting aside the verdict and directing a new trial reversed on the law and the facts, with costs, and motion denied, with costs, on condition that the plaintiff stipulate that the verdict be reduced to $500, in which event the verdict is reinstated for that amount. If plaintiff fails to make such stipulation, the order is unanimously affirmed, with costs. In our opinion, a verdict in plaintiff’s favor was sustained by the greater weight of evidence, and it should not have been set aside. The damages, however, are excessive and should be reduced to $500. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

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Bluebook (online)

234 A.D. 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-sunrise-nash-co-nyappdiv-1931.