Appellate Division of the Supreme Court of New York, 1947

Muttillo v. Fazio

Muttillo v. Fazio
Appellate Division of the Supreme Court of New York · Decided April 30, 1947
272 A.D.2d 786
Muttillo v. Fazio

Opinion of the Court

Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, *787upon the ground that the damages awarded are inadequate on the uncontradicted evidence. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiffs against defendant Fox in three consolidated automobile negligence actions. The order denies plaintiffs’ motion for a new trial on the ground of inadequacy.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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