Public-domain · open source
OpenJurist

257 A.D.2d 366

Pinkus v. Esch

Appellate Division of the Supreme Court of the State of New York · decided 1999-01-05

Decided 1999-01-05

¶1—Order, Supreme Court, New York County (Carol Huff, J.), entered October 10, 1997, which granted plaintiff’s motion to set aside the jury verdict in plaintiff’s favor in the amount of $9,000 and directed a new trial, unanimously affirmed, without costs.

¶2The 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.

/257/ad2d/366 · .json · Public domain