Viscomi v. S. S. Kresge Co.
This text of 142 A.D.2d 987 (Viscomi v. S. S. Kresge 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.
Opinion
Judgment unanimously vacated on the law with costs to plaintiff and new trial granted on the issue of damages only. Memorandum: The jury’s award of damages was patently inadequate, based on the proof at trial of special damages and pain and suffering, and a new trial on the issue of damages is required (Ladd v Parkhurst, 87 AD2d 971). We have examined defendant’s,arguments on its appeal and find them to be without merit. (Appeals from judgment of Supreme Court, Niagara County, DiFlorio, J.— negligence.) Present—Dillon, P. J., Denman, Boomer, Pine and Balio, JJ.
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Cite This Page — Counsel Stack
142 A.D.2d 987, 530 N.Y.S.2d 1021, 1988 N.Y. App. Div. LEXIS 15023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/viscomi-v-s-s-kresge-co-nyappdiv-1988.