Appellate Division of the Supreme Court of New York, 1961

Baker v. Plazmont Pharmacy, Inc.

Baker v. Plazmont Pharmacy, Inc.
Appellate Division of the Supreme Court of New York · Decided April 11, 1961
13 A.D.2d 626; 213 N.Y.S.2d 474; 1961 N.Y. App. Div. LEXIS 11478
Baker v. Plazmont Pharmacy, Inc.

Opinion of the Court

Judgment in favor of plaintiffs unanimously reversed, on the law and on the facts, the verdicts vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff Florence M. Baker stipulates to accept $15,000 in lieu of the award to her 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 in favor of plaintiff Florence M. Baker is excessive in its award of damages, and that a verdict in excess of $15,000 is not warranted by the record. Settle order on notice. Concur — McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.

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