¶1The damages having been limited to those sustained after April 25, 1913, the verdict of $5,000 is excessive. The judgment and order are reversed and a new trial ordered, with costs to appellant to abide event, unless plaintiff stipulate to reduce the verdict to the sum of $2,500; in which event the judgment as so modified and the order appealed from are affirmed, without costs. Present — Clarke, P. J., Laughlin, Smith, Page and Shearn, -JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $2,500; in which event, judgment as so modified and order affirmed, without costs. Order to be settled on notice.
184 A.D. 882
Sohn v. Wise
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1918
Appellate Division of the Supreme Court of the State of New York · decided 1918-05-15
Appeal by the defendant from a judgment of the Supreme Court, entered in the New York county clerk’s office upon the verdict of a jury, and also from an order entered November 23, 1917, denying a motion for a new trial.
Decided 1918-05-15