Tsagarakos v. Klein's on the Square

Full title: PAULINE TSAGARAKOS, Respondent, v. KLEIN'S ON THE SQUARE, Appellant

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

Date published: Dec 1, 1970

35 A.D.2d 915 (N.Y. App. Div. 1970)

Opinion

December 1, 1970

Judgment of the Supreme Court, New York County, entered on November 14, 1969, in favor of the plaintiff, in the sum of $160,000, unanimously reversed on the law and on the facts and a new trial granted, with costs to abide the event, unless plaintiff, within 20 days of service upon her by defendant of a copy of this order, stipulates to accept $100,000 in lieu of the award by verdict, in which event the judgment as so reduced and amended is affirmed, without costs and without disbursements. It is our opinion that the award by verdict of $160,000 was excessive and is not supported by the record.

Concur — Stevens, P.J., McGivern, Markewich and Steuer, JJ.