Sessa v. Zinno

Appellate Division of the Supreme Court of New York

Sessa v. Zinno

12 A.D.2d 496, 206 N.Y.S.2d 997, 1960 N.Y. App. Div. LEXIS 7212

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

DecidedNovember 7, 1960

StatusPublished

This text of 12 A.D.2d 496 (Sessa v. Zinno) 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

Sessa v. Zinno, 12 A.D.2d 496, 206 N.Y.S.2d 997, 1960 N.Y. App. Div. LEXIS 7212 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action by an infant plaintiff to recover damages for personal injuries sustained by her when she tripped and fell on a tree stump on defendant’s property, and by her father to recover damages for loss of her services and medical expenses, the defendant appeals from a judgment of the Supreme Court, Queens County, entered December 17, 1959, in favor of plaintiffs after a jury trial, upon a verdict of $100,000 for the infant and $2,000 for the father. Judgment, insofar as it is in favor of the plaintiff father, affirmed, without costs. Judgment, insofar as it is in favor of the infant plaintiff Barbara Ann Sessa, reversed on the facts, and as to said plaintiff the action is severed and a new trial granted, with costs to defendant to abide the event, unless, within 20 days after the entry of the order hereon, the infant plaintiff shall stipulate to reduce the verdict in her favor from $100,000 to $60,000, in which event the judgment as so reduced, is affirmed, without costs. In our opinion, the verdict in favor of the infant plaintiff was excessive. Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ., concur.

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In an action by an infant plaintiff to recover damages for personal injuries sustained by her when she tripped and fell on a tree stump on defendant’s property, and by her father to recover damages for loss of her services and medical expenses, the defendant appeals from a judgment of the Supreme Court, Queens County, entered December 17, 1959, in favor of plaintiffs after a jury trial, upon a verdict of $100,000 for the infant and $2,000 for the father. Judgment, insofar as it is in favor of the plaintiff father, affirmed, without costs. Judgment, insofar as it is in favor of the infant plaintiff Barbara Ann Sessa, reversed on the facts, and as to said plaintiff the action is severed and a new trial granted, with costs to defendant to abide the event, unless, within 20 days after the entry of the order hereon, the infant plaintiff shall stipulate to reduce the verdict in her favor from $100,000 to $60,000, in which event the judgment as so reduced, is affirmed, without costs. In our opinion, the verdict in favor of the infant plaintiff was excessive. Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

12 A.D.2d 496, 206 N.Y.S.2d 997, 1960 N.Y. App. Div. LEXIS 7212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sessa-v-zinno-nyappdiv-1960.