Appellate Division of the Supreme Court of New York, 1931

Pope v. Sunrise Nash Co.

Pope v. Sunrise Nash Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1931
234 A.D. 896
Pope v. Sunrise Nash Co.

Opinion of the Court

Order of the County Court of Suffolk county setting aside the verdict and directing a new trial reversed on the law and the facts, with costs, and motion denied, with costs, on condition that the plaintiff stipulate that the verdict be reduced to $500, in which event the verdict is reinstated for that amount. If plaintiff fails to make such stipulation, the order is unanimously affirmed, with costs. In our opinion, a verdict in plaintiff’s favor was sustained by the greater weight of evidence, and it should not have been set aside. The damages, however, are excessive and should be reduced to $500. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

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