Roth v. McConkey

Appellate Division of the Supreme Court of New York

Roth v. McConkey

17 A.D.2d 1035, 1962 N.Y. App. Div. LEXIS 6815

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

DecidedNovember 29, 1962

StatusPublished

This text of 17 A.D.2d 1035 (Roth v. McConkey) 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

Roth v. McConkey, 17 A.D.2d 1035, 1962 N.Y. App. Div. LEXIS 6815 (N.Y. Ct. App. 1962).

Pincite

Opinion

Judgment unanimously reversed on the facts and a new trial granted, unless the infant plaintiff shall, within 10 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 affirmed, without costs of this appeal to any party. Memorandum: In our opinion, the verdict in favor of the infant plaintiff in the sum of $8,500 was excessive. (Appeal from amended judgment of Wayne Trial Term in favor of plaintiffs Roth against defendants McConkey and Rogalski, in an automobile negligence action.) Present—Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.

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Judgment unanimously reversed on the facts and a new trial granted, unless the infant plaintiff shall, within 10 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 affirmed, without costs of this appeal to any party. Memorandum: In our opinion, the verdict in favor of the infant plaintiff in the sum of $8,500 was excessive. (Appeal from amended judgment of Wayne Trial Term in favor of plaintiffs Roth against defendants McConkey and Rogalski, in an automobile negligence action.) Present—Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.

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Bluebook (online)

17 A.D.2d 1035, 1962 N.Y. App. Div. LEXIS 6815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roth-v-mcconkey-nyappdiv-1962.