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Als v. Welch

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 1967
27 A.D.2d 712 (N.Y. App. Div. 1967)

Opinion

February 2, 1967


Judgment in favor of plaintiff unanimously reversed, on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs and disbursements to defendant-appellant, unless plaintiff stipulates to accept $35,000 in lieu of the amount awarded by verdict, in which event the judgment is modified to that extent, and as so modified, affirmed with $50 costs and disbursements to defendant-appellant. In this personal injury negligence action, it is evident that the amount awarded by the jury is grossly excessive and that a verdict in excess of the amount indicated is not warranted on this record. Settle order on notice.

Concur — Botein, P.J., Steuer, Capozzoli, Tilzer and McNally, JJ.


Summaries of

Als v. Welch

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 1967
27 A.D.2d 712 (N.Y. App. Div. 1967)
Case details for

Als v. Welch

Case Details

Full title:MacDONALD G. ALS, Respondent, v. CHRISTOPHER WELCH, Appellant

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

Date published: Feb 2, 1967

Citations

27 A.D.2d 712 (N.Y. App. Div. 1967)