Vzga v. Forrest

Appellate Division of the Supreme Court of New York

Vzga v. Forrest

10 A.D.2d 604, 195 N.Y.S.2d 743, 1960 N.Y. App. Div. LEXIS 12197

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

DecidedJanuary 15, 1960

StatusPublished

This text of 10 A.D.2d 604 (Vzga v. Forrest) 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

Vzga v. Forrest, 10 A.D.2d 604, 195 N.Y.S.2d 743, 1960 N.Y. App. Div. LEXIS 12197 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order modified to provide a new trial on all issues and as modified affirmed, with $10 costs and disbursements to plaintiff-respondent. Memorandum: The order improperly limited the scope of the new trial by providing for trial of only the issue of the amount of damages. The order should have provided for trial of all of the issues. (See Schroeder v. Syracuse Tr. Corp., 9 A D 2d 1012.) All concur. (Appeal from an order of Onondaga Special Term granting plaintiff’s motion to set aside the verdict of a jury in favor of plaintiff for $250, and granting a new trial unless defendant agrees to raise the amount of the jury’s verdict to $750, in an automobile negligence action.) Present — Williams, P. J., Bastow, Halpern and Henry, JJ.

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Order modified to provide a new trial on all issues and as modified affirmed, with $10 costs and disbursements to plaintiff-respondent. Memorandum: The order improperly limited the scope of the new trial by providing for trial of only the issue of the amount of damages. The order should have provided for trial of all of the issues. (See Schroeder v. Syracuse Tr. Corp., 9 A D 2d 1012.) All concur. (Appeal from an order of Onondaga Special Term granting plaintiff’s motion to set aside the verdict of a jury in favor of plaintiff for $250, and granting a new trial unless defendant agrees to raise the amount of the jury’s verdict to $750, in an automobile negligence action.) Present — Williams, P. J., Bastow, Halpern and Henry, JJ.

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Bluebook (online)

10 A.D.2d 604, 195 N.Y.S.2d 743, 1960 N.Y. App. Div. LEXIS 12197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vzga-v-forrest-nyappdiv-1960.