¶1Judgment in favor of plaintiff in the sum of $17,673 in a personal injury action, unanimously reversed, on the law and on the facts, the verdict vacated, and a new trial granted, without costs or disbursements, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, without costs or disbursements. The jury verdict was grossly excessive in its award of damages and a verdict in excess of $10,000 is not warranted by the record. Settle order on notice. Concur—■ Botein, P. J., Breitel, Rabin and McNally, JJ.
26 A.D.2d 538
Applegate v. Marshall Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1966
Appellate Division of the Supreme Court of the State of New York · decided 1966-06-28
Cited by 1 later decisions — most recently February 1976
Good law ✅— No negative treatment on recordhow we know
Decided 1966-06-28
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