Appellate Division of the Supreme Court of New York, 1938

O'Leary v. Brooklyn & Queens Transit Corp.

O'Leary v. Brooklyn & Queens Transit Corp.
Appellate Division of the Supreme Court of New York · Decided February 28, 1938
253 A.D. 923; 3 N.Y.S.2d 400; 1938 N.Y. App. Div. LEXIS 9281
O'Leary v. Brooklyn & Queens Transit Corp.

Opinion of the Court

In an action for damages for personal injuries, in which plaintiff recovered a verdict of $15,000, judgment reversed on the facts, and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce the amount of the verdict to $10,000; in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdict was excessive. Lazansky, P. J., Cars-well, Davis, Adel and Taylor, JJ., concur.

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