Scaparro v. Western Electric Co.

Appellate Division of the Supreme Court of New York

Scaparro v. Western Electric Co.

23 A.D.2d 728, 258 N.Y.S.2d 337, 1965 N.Y. App. Div. LEXIS 4545

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

DecidedApril 1, 1965

StatusPublished

This text of 23 A.D.2d 728 (Scaparro v. Western Electric 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

Scaparro v. Western Electric Co., 23 A.D.2d 728, 258 N.Y.S.2d 337, 1965 N.Y. App. Div. LEXIS 4545 (N.Y. Ct. App. 1965).

Pincite

Opinion

Judgment unanimously reversed on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs to defendant-appellant, unless plaintiff stipulates to accept $15,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and, as so modified, affirmed, with $50 costs to defendant-appellant. Some of the court feel that the judgment might very well be reversed as against the weight of the credible evidence but all are agreed that any verdict in excess of $15,000 is not warranted on the record before us. Settle order on notice. Concur — Botein, P. J., Rabin, Valente, Steuer and Witmer, JJ.

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Judgment unanimously reversed on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs to defendant-appellant, unless plaintiff stipulates to accept $15,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and, as so modified, affirmed, with $50 costs to defendant-appellant. Some of the court feel that the judgment might very well be reversed as against the weight of the credible evidence but all are agreed that any verdict in excess of $15,000 is not warranted on the record before us. Settle order on notice. Concur — Botein, P. J., Rabin, Valente, Steuer and Witmer, JJ.

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Bluebook (online)

23 A.D.2d 728, 258 N.Y.S.2d 337, 1965 N.Y. App. Div. LEXIS 4545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scaparro-v-western-electric-co-nyappdiv-1965.