Appellate Division of the Supreme Court of New York, 1961

Yanolatos v. Rotterman

Yanolatos v. Rotterman
Appellate Division of the Supreme Court of New York · Decided June 8, 1961
13 A.D.2d 917; 215 N.Y.S.2d 599; 1961 N.Y. App. Div. LEXIS 10343
Yanolatos v. Rotterman

Opinion of the Court

Judgment unanimously reversed on the law and on the facts, with costs to appellants Annie Yanolatos and David Yanolatos, their actions severed and a new trial ordered as to such appellants unless respondent stipulates to increase the verdict in favor of Annie Yanolatos to $25,000 and the verdict in favor of David Yanolatos to $2,500, in which event the judgment, as so modified, is affirmed, with costs to said plaintiffs-appellants. On the record before us, the verdicts in favor of appellants Annie Yanolatos and David Yanolatos are grossly inadequate and should not have been less than $25,000 for Annie Yanolatos and $2,500 for David Yanolatos. The judgment in favor of plaintiff Elizabeth Yanalatos is unanimously affirmed, with costs to respondent. Settle order on notice. Concur — Breitel, J. P., Rabin, McNally, Eager and Steuer, JJ.

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