Appellate Division of the Supreme Court of New York, 1961

Horn v. City of New York

Horn v. City of New York
Appellate Division of the Supreme Court of New York · Decided March 28, 1961
13 A.D.2d 488; 212 N.Y.S.2d 206; 1961 N.Y. App. Div. LEXIS 11807
Horn v. City of New York

Opinion of the Court

Judgment unanimously modified, in accordance with the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to plaintiff to $5,000, and, as so modified, affirmed, without costs. We find that the judgment entered herein by the court below sitting without a jury is sustained by the record, except for the damages awarded, which are excessive. It may well be that had the city called witnesses — who were in court — to rebut the contentions of plaintiff as to his injuries and damages, and not permitted the evidence to constitute, what the trial court characterized “for all practical purposes a default by the City”, an excessive judgment could have been avoided. Concur—Rabin, J. P., Valente, McNally, Stevens and Bergan, JJ.

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