From Casetext: Smarter Legal Research

Fitzgerald v. McCormack

Appellate Division of the Supreme Court of New York, First Department
May 22, 1956
1 A.D.2d 1002 (N.Y. App. Div. 1956)

Opinion

May 22, 1956


Resettled judgment insofar as it relates to the first cause of action, unanimously affirmed, with costs; insofar as it awards recovery on the second cause of action, the resettled judgment is unanimously reversed on the ground of excessiveness and a new trial of the second cause of action ordered, with costs with respect to that cause of action to abide the event, unless the plaintiff stipulates to reduce the verdict on said second cause of action to $1,500 in which event the resettled judgment, as so modified, is affirmed, without costs. Settle order on notice.

Concur — Peck, P.J., Rabin, Cox, Frank and Valente, JJ.


Summaries of

Fitzgerald v. McCormack

Appellate Division of the Supreme Court of New York, First Department
May 22, 1956
1 A.D.2d 1002 (N.Y. App. Div. 1956)
Case details for

Fitzgerald v. McCormack

Case Details

Full title:TIMOTHY FITZGERALD, as Administrator of the Estate of JAMES FITZGERALD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 22, 1956

Citations

1 A.D.2d 1002 (N.Y. App. Div. 1956)