Gilligan v. Diebold, Inc.
Gilligan v. Diebold, Inc.
23 A.D.2d 728; 258 N.Y.S.2d 337; 1965 N.Y. App. Div. LEXIS 4546
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.