Opinion
December 27, 1961
In an action to recover damages for personal injuries, medical expenses and loss of services resulting from the negligence of the defendant when his unattended automobile rolled down grade and struck plaintiffs' automobile while it was stationary, in which an order had been previously made granting summary judgment to plaintiffs on the issue of liability and directing a jury trial for the assessment of plaintiffs' damages, the defendant appeals from an order of the City Court of the City of Yonkers, entered December 6, 1960, after the jury trial, which: (1) granted plaintiffs' motion to set aside the jury's "verdict of no damages" upon the ground, among others, that it was contrary to the weight of the credible evidence; and (2) which directed a new trial for the assessment of the damages, unless the defendant shall stipulate to the entry of judgment against him in favor of plaintiff, Julia M. Weir, in the sum of $380 and in favor of her husband, Ralph Weir, in the sum of $120. Order affirmed, with $10 costs and disbursements. No opinion. Defendant's time to stipulate to the entry of judgment against him in favor of plaintiff, Julia M. Weir, in the sum of $380, and in favor of her husband, Ralph Weir, in the sum of $120, is extended until 20 days after entry of the order hereon. Upon defendant's failure to so stipulate, the new trial for the assessment of damages is to be had at the next Jury Term of the trial court, as directed by the order appealed from. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.