Ryan v. Samarco

Appellate Division of the Supreme Court of New York

Ryan v. Samarco

30 A.D.2d 767, 292 N.Y.S.2d 319, 1968 N.Y. App. Div. LEXIS 3615

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

DecidedJune 27, 1968

StatusPublished

This text of 30 A.D.2d 767 (Ryan v. Samarco) 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

Ryan v. Samarco, 30 A.D.2d 767, 292 N.Y.S.2d 319, 1968 N.Y. App. Div. LEXIS 3615 (N.Y. Ct. App. 1968).

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Opinion

Amended judgment unanimously reversed on the law and facts and a new trial granted, with costs to appellants-respondents to abide the event, unless the plaintiff shall within 10 days stipulate to reduce the verdict to the sum of $200,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly, and as so modified is affirmed, with costs to plaintiff. Order entered November 9, 1967 unanimously affirmed, without costs. Memorandum: Appellants contend that much speculative evidence was received upon the issue of the future earning power of plaintiff’s intestate. We do not pass on this contention as the proof was received without objection by defendants’ experienced trial counsel. The exception taken to the charge relating to this subject was a futile gesture inasmuch as the proof, as stated, had been previously received without objection. We conclude, however, that the amount of the verdict was excessive and in the exercise of a proper discretion reduce it to the sum of $200,000. (Appeal from amended judgment of Oneida Trial [768]*768Term, in action for damages for wrongful death; also appeal from order granting motion to amend judgment.) Present — Bastow, P. J.,. Del Vecchio, Marsh, Witmer and Henry, JJ. .

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Amended judgment unanimously reversed on the law and facts and a new trial granted, with costs to appellants-respondents to abide the event, unless the plaintiff shall within 10 days stipulate to reduce the verdict to the sum of $200,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly, and as so modified is affirmed, with costs to plaintiff. Order entered November 9, 1967 unanimously affirmed, without costs. Memorandum: Appellants contend that much speculative evidence was received upon the issue of the future earning power of plaintiff’s intestate. We do not pass on this contention as the proof was received without objection by defendants’ experienced trial counsel. The exception taken to the charge relating to this subject was a futile gesture inasmuch as the proof, as stated, had been previously received without objection. We conclude, however, that the amount of the verdict was excessive and in the exercise of a proper discretion reduce it to the sum of $200,000. (Appeal from amended judgment of Oneida Trial [768]*768Term, in action for damages for wrongful death; also appeal from order granting motion to amend judgment.) Present — Bastow, P. J.,. Del Vecchio, Marsh, Witmer and Henry, JJ. .

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Bluebook (online)

30 A.D.2d 767, 292 N.Y.S.2d 319, 1968 N.Y. App. Div. LEXIS 3615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-samarco-nyappdiv-1968.