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Geigel v. Liebovits

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1964
22 A.D.2d 674 (N.Y. App. Div. 1964)

Opinion

October 27, 1964


Judgment in favor of plaintiff in the sum of $10,185, reversed, on the law and on the facts, the verdict vacated and a new trial granted, with $50 costs to appellants, unless plaintiff stipulates to accept $2,500 in lieu of the award by verdict, in which event the judgment is modified to that extent, and, as so modified, affirmed, with $50 costs to appellants. In this personal injury action the jury verdict is excessive in its award of damages and a verdict in excess of $2,500 is not warranted by the record. ( Geigel v. Leibowitz, 19 A.D.2d 590.) The evidence produced by plaintiff falls short of establishing permanent injury and disability causally related to the accident.

Concur — Rabin, McNally and Steuer, JJ.; Breitel, J.P., and Bastow, J., dissent and vote to affirm. Settle order on notice.


Summaries of

Geigel v. Liebovits

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1964
22 A.D.2d 674 (N.Y. App. Div. 1964)
Case details for

Geigel v. Liebovits

Case Details

Full title:CEFERINO GEIGEL, Respondent, v. HARRY LIEBOVITS et al., Appellants

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

Date published: Oct 27, 1964

Citations

22 A.D.2d 674 (N.Y. App. Div. 1964)