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Wilber v. Jimerson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1972
40 A.D.2d 579 (N.Y. App. Div. 1972)

Opinion

July 6, 1972

Appeal from the Cattaraugus Trial Term.

Present — Del Vecchio, J.P., Marsh, Witmer, Moule and Cardamone, JJ.


Judgment, insofar as it awards plaintiff Vera Wilber the sum of $15,000, unanimously affirmed, with costs. Judgment, insofar as it awards plaintiff Clayton Wilber the sum of $7,500, unanimously reversed on the facts and a new trial granted solely on the issue of damages unless the plaintiff stipulates to reduce the verdict to $4,000 within 20 days from the date of the order to be entered hereon, in which event the judgment is modified accordingly, and as so modified, affirmed. Memorandum: In our view the verdict in favor of plaintiff Vera Wilber finds ample support in the record. However, the verdict in her husband's derivative action is excessive on the proof presented. Since liability was conceded on the first trial, only the issue of damages need be tried again.


Summaries of

Wilber v. Jimerson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1972
40 A.D.2d 579 (N.Y. App. Div. 1972)
Case details for

Wilber v. Jimerson

Case Details

Full title:CLAYTON WILBER et al., Respondents, v. AVERY J. JIMERSON, Appellant

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

Date published: Jul 6, 1972

Citations

40 A.D.2d 579 (N.Y. App. Div. 1972)