Boudreau v. Damas Food Mart Corp.

Full title: BARBARA BOUDREAU et al., Respondents, v. DAMAS FOOD MART CORP., Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 17, 1966

52 Misc. 2d 930 (N.Y. App. Term 1966)

277 N.Y.S.2d 246

Opinion

November 17, 1966

Appeal from the Civil Court of the City of New York, County of New York, PATRICK J. PICARIELLO, J.

Allen M. Taylor and Martin M. Baxter for appellant.

David B. Ampel for respondents.

Order unanimously reversed, with $30 costs, and verdict reinstated. While a court may set aside a jury's verdict for insufficiency, its discretion nevertheless is limited. In this negligence action it cannot be said that the verdict was so inadequate as to reflect bias or prejudice on the part of the jury, warranting the trial court in setting the verdict aside as shocking to the conscience of the court. On the evidence, it appears that the amount awarded represents a fair assessment of damages.

Concur — HOFSTADTER, J.P., TILZER and GOLD, JJ.

Order reversed, etc.