Pinkus v. Esch

Full title: ARTHUR PINKUS, Respondent, v. DONALD D. ESCH et al., Appellants

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

Date published: Jan 5, 1999

257 A.D.2d 366 (N.Y. App. Div. 1999)

682 N.Y.S.2d 576

Opinion

January 5, 1999.

Appeal from the Supreme Court, New York County (Carol Huff, J.).

The trial court's determination to set aside the verdict and to order a new trial constituted a proper and, indeed, prudent exercise of its discretionary authority pursuant to CPLR 4404, especially in light of the clear inadequacy of the verdict where the jury found a 35-year permanent disability. We have considered the parties' remaining arguments for affirmative relief and find them to be unavailing.

Concur — Ellerin, J.P., Nardelli, Wallach and Rubin, JJ.