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Gonzalez v. Levine

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1961
12 A.D.2d 905 (N.Y. App. Div. 1961)

Opinion

February 14, 1961


Judgment in favor of plaintiff in the sum of $80,217.50 reversed, on the law and on the facts, the verdict vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $50,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action it is evident that the jury verdict is grossly excessive in its award of damages, and that a verdict in excess of $50,000 is not warranted by the record.

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


Summaries of

Gonzalez v. Levine

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1961
12 A.D.2d 905 (N.Y. App. Div. 1961)
Case details for

Gonzalez v. Levine

Case Details

Full title:RALPH GONZALEZ, Respondent, et al., Plaintiff, v. BETTY LEVINE, Appellant

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

Date published: Feb 14, 1961

Citations

12 A.D.2d 905 (N.Y. App. Div. 1961)