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Thornton v. Niagara Wheatfield School Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 707 (N.Y. App. Div. 1975)

Opinion

November 6, 1975

Appeal from the Niagara Supreme Court.

Present — Cardamone, J.P., Simons, Mahoney, Goldman and Del Vecchio, JJ.


Order unanimously modified to grant a new trial solely on the issue of damages and as modified affirmed, without costs. Memorandum: Infant plaintiff appeals from order of trial term granting a new trial in a personal injury action unless defendants stipulate to increase the damages awarded by the jury from $16,000 to $30,000. The defendant stipulated to increase the verdict to $30,000 which the court approved. However plaintiff, deeming the $30,000 inadequate, has appealed from that order. In view of plaintiff's refusal to accept the $30,000, as evidenced by this appeal, a new trial should be had in which the proof should be limited solely to the question of damages.


Summaries of

Thornton v. Niagara Wheatfield School Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 707 (N.Y. App. Div. 1975)
Case details for

Thornton v. Niagara Wheatfield School Dist

Case Details

Full title:PAUL W. THORNTON, Individually and as Parent and Natural Guardian of…

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

Date published: Nov 6, 1975

Citations

50 A.D.2d 707 (N.Y. App. Div. 1975)