Sullivan v. Breese

Appellate Division of the Supreme Court of New York

Sullivan v. Breese

3 A.D.2d 979, 162 N.Y.S.2d 722, 1957 N.Y. App. Div. LEXIS 5476

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

DecidedMay 15, 1957

StatusPublished

This text of 3 A.D.2d 979 (Sullivan v. Breese) 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

Sullivan v. Breese, 3 A.D.2d 979, 162 N.Y.S.2d 722, 1957 N.Y. App. Div. LEXIS 5476 (N.Y. Ct. App. 1957).

Pincite

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within 10 days, stipulate to reduce the verdict to the sum of $5,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of this appeal to either party, on the ground that the verdict of the jury is excessive. All concur. (Appeal from a judgment of Herkimer Trial Term for plaintiff in an automobile negligence action. The order denied a motion for a new trial.) Present — McCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

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Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within 10 days, stipulate to reduce the verdict to the sum of $5,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of this appeal to either party, on the ground that the verdict of the jury is excessive. All concur. (Appeal from a judgment of Herkimer Trial Term for plaintiff in an automobile negligence action. The order denied a motion for a new trial.) Present — McCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

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Bluebook (online)

3 A.D.2d 979, 162 N.Y.S.2d 722, 1957 N.Y. App. Div. LEXIS 5476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-breese-nyappdiv-1957.