Appellate Division of the Supreme Court of New York, 1961

Schmidt v. City of New York

Schmidt v. City of New York
Appellate Division of the Supreme Court of New York · Decided March 21, 1961
13 A.D.2d 478; 212 N.Y.S.2d 156; 1961 N.Y. App. Div. LEXIS 11932
Schmidt v. City of New York

Opinion of the Court

Judgment in favor of plaintiff in the sum of $20,211, and dismissing the third-party complaint, reversed, on the law and on the facts, the verdict vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $15,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury action, it is evident that the jury verdict is excessive in its award of damages, and that a verdict in excess of $15,000 is not warranted by the record. Concur■—Valente, J. P., McNally and Steuer, JJ.; Eager and Bergan, JJ., dissent in the following memorandum: In our view the finding of liability against the City of New York is against the weight of the credible evidence. There should be a new trial on this issue. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.