Appellate Division of the Supreme Court of New York, 1939

Basile v. Tompkins Bus Corp.

Basile v. Tompkins Bus Corp.
Appellate Division of the Supreme Court of New York · Decided January 30, 1939
256 A.D. 840; 10 N.Y.S.2d 233; 1939 N.Y. App. Div. LEXIS 5098
Basile v. Tompkins Bus Corp.

Opinion of the Court

In an action to recover damages for personal injuries, the infant-plaintiff obtained a verdict of $22,500 and her father a verdict for $1,500, and judgment was entered thereon. Defendant appeals. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless within twenty days after the entry of the order hereon plaintiffs stipulate to reduce the verdict in the infant’s case to the sum of $17,500, in which event the judgment, as so reduced, is unanimously affirmed, without costs. In the opinion of the court, the verdict in the infant’s case was excessive. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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