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Horn v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 1961
13 A.D.2d 488 (N.Y. App. Div. 1961)

Opinion

March 28, 1961


Judgment unanimously modified, in accordance with the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to plaintiff to $5,000, and, as so modified, affirmed, without costs. We find that the judgment entered herein by the court below sitting without a jury is sustained by the record, except for the damages awarded, which are excessive. It may well be that had the city called witnesses — who were in court — to rebut the contentions of plaintiff as to his injuries and damages, and not permitted the evidence to constitute, what the trial court characterized "for all practical purposes a default by the City", an excessive judgment could have been avoided.

Concur — Rabin, J.P., Valente, McNally, Stevens and Bergan, JJ.


Summaries of

Horn v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 1961
13 A.D.2d 488 (N.Y. App. Div. 1961)
Case details for

Horn v. City of New York

Case Details

Full title:WILLIAM HORN, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Mar 28, 1961

Citations

13 A.D.2d 488 (N.Y. App. Div. 1961)