Selecki v. Ryan

Appellate Division of the Supreme Court of New York

Selecki v. Ryan

47 A.D.2d 963, 369 N.Y.S.2d 1016, 1975 N.Y. App. Div. LEXIS 9439

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1975·Published

Opinion

—In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered March 6, 1974, in her favor, upon a jury verdict in the amount of $1,500. Judgment reversed, on the law, and new trial granted upon the issue of damages only, with costs to abide the event. No questions of fact have been presented by this appeal. In our opinion the verdict was inadequate and the [964] Trial Justice should have granted the motion to amend the pleadings to conform to the proof. Rabin, Acting P. J., Hopkins, Brennan, Munder and Shapiro, JJ., concur.

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—In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered March 6, 1974, in her favor, upon a jury verdict in the amount of $1,500. Judgment reversed, on the law, and new trial granted upon the issue of damages only, with costs to abide the event. No questions of fact have been presented by this appeal. In our opinion the verdict was inadequate and the [964] Trial Justice should have granted the motion to amend the pleadings to conform to the proof. Rabin, Acting P. J., Hopkins, Brennan, Munder and Shapiro, JJ., concur.

Selecki v. Ryan, 47 A.D.2d 963, 369 N.Y.S.2d 1016, 1975 N.Y. App. Div. LEXIS 9439 (N.Y. Ct. App. 1975).

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