Appellate Division of the Supreme Court of New York, 1965

Gilligan v. Diebold, Inc.

Gilligan v. Diebold, Inc.
Appellate Division of the Supreme Court of New York · Decided April 1, 1965
23 A.D.2d 728; 258 N.Y.S.2d 337; 1965 N.Y. App. Div. LEXIS 4546
Gilligan v. Diebold, Inc.

Opinion of the Court

Judgment unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs to defendant-appellant, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and, as so modified, affirmed, with $50 costs to appellant. In this personal injury negligence action it is evident that a jury verdict in excess of $10,000 is not warranted on the record. Settle order on notice. 'Concur — Botein, P. J., Rabin, Valente, Steuer and Witmer, JJ.

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