Appellate Division of the Supreme Court of New York, 1963

Burgos v. J. Santini Bros.

Burgos v. J. Santini Bros.
Appellate Division of the Supreme Court of New York · Decided December 5, 1963
20 A.D.2d 521; 244 N.Y.S.2d 627; 1963 N.Y. App. Div. LEXIS 2786
Burgos v. J. Santini Bros.

Opinion of the Court

Judgment, entered February 15, 1963, in favor of plaintiff in the sum of $19,195.10, unanimously reversed, on the law and on the facts, the verdict vacated, and a new trial granted, with costs to defendants-appellants, unless plaintiff stipulates to accept $7,500 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 defendants-appellants. In this personal injury action the jury’s verdict is grossly excessive in its award of damages and a verdict in excess of $7,500 is not warranted by the record. Settle order on notice. Concur — Botein, P. J., Breitel, McNally, Steuer and Bastow, JJ.

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