Appellate Division of the Supreme Court of New York, 1938

Exner v. Union Free School

Exner v. Union Free School
Appellate Division of the Supreme Court of New York · Decided June 28, 1938
254 A.D. 930; 6 N.Y.S.2d 654; 1938 N.Y. App. Div. LEXIS 8338
Exner v. Union Free School

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Crosby and Lewis, JJ., who dissent and vote for reversal on the facts and for granting a new trial unless the judgment is reduced to $2,500 on the ground that the verdict is excessive. (The judgment is for plaintiff in an action for damages for personal injuries sustained by being struck by a falling bleacher in a school gymnasium. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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