Rosario v. Toujours Originals, Inc.

Appellate Division of the Supreme Court of New York

Rosario v. Toujours Originals, Inc.

7 A.D.2d 896, 182 N.Y.S.2d 608, 1959 N.Y. App. Div. LEXIS 10081

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

DecidedFebruary 3, 1959

StatusPublished

This text of 7 A.D.2d 896 (Rosario v. Toujours Originals, Inc.) 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

Rosario v. Toujours Originals, Inc., 7 A.D.2d 896, 182 N.Y.S.2d 608, 1959 N.Y. App. Div. LEXIS 10081 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order directing a new trial on the ground of excessiveness of verdict affirmed unless plaintiff stipulates to reduce the amount of such verdict to $1,000, in which event the order is modified on the law and the facts to reinstate the verdict as modified and direct entry of judgment accordingly. Although the plaintiff would have been entitled to a submission to the jury of the question of punitive damages, the court is not only of opinion that the verdict is excessive, but also that there is a close question on this record as to whether any finding of actionable assault would be consistent with the weight of the credible evidence. Settle order on notice. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Bergan, JJ.

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Order directing a new trial on the ground of excessiveness of verdict affirmed unless plaintiff stipulates to reduce the amount of such verdict to $1,000, in which event the order is modified on the law and the facts to reinstate the verdict as modified and direct entry of judgment accordingly. Although the plaintiff would have been entitled to a submission to the jury of the question of punitive damages, the court is not only of opinion that the verdict is excessive, but also that there is a close question on this record as to whether any finding of actionable assault would be consistent with the weight of the credible evidence. Settle order on notice. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Bergan, JJ.

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Bluebook (online)

7 A.D.2d 896, 182 N.Y.S.2d 608, 1959 N.Y. App. Div. LEXIS 10081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosario-v-toujours-originals-inc-nyappdiv-1959.