Appellate Division of the Supreme Court of New York, 1951

Faubel v. Draper

Appellate Division of the Supreme Court of New York · Decided November 19, 1951

279 A.D. 667; 108 N.Y.S.2d 15; 1951 N.Y. App. Div. LEXIS 3409

Opinion of the Court

The original verdict must have been the result of “ passion, prejudice or a wrong conception of the evidence ” in view of the trial judge finding it necessary to make so great a cut in the *668verdict to the sum of $100,000. Consequently in the interest of justice there should be a new trial before another jury. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.

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