Appellate Division of the Supreme Court of New York, 1966

Benov v. Presbyterian Hospital

Benov v. Presbyterian Hospital
Appellate Division of the Supreme Court of New York · Decided September 22, 1966
26 A.D.2d 778; 273 N.Y.S.2d 754; 1966 N.Y. App. Div. LEXIS 3477
Benov v. Presbyterian Hospital

Opinion of the Court

Judgment in favor of plaintiffs, entered November 16, 1965,, reversed on the law, on the facts and in the exercise .of *779discretion, the verdict vacated and a new trial granted, with costs and disbursements to defendant-appellant, unless plaintiff Ruth Benov and plaintiff Paul Benov stipulate to accept, in lieu of the award by verdict, respectively, $20,000 and $2,500, in which event the judgment is modified to that extent and as so modified, affirmed, with costs and disbursements to defendant-appellant. In this action to recover for personal injuries it is evident that the jury verdict is grossly excessive and is not warranted by the record. Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, Steuer and Witmer, JJ.

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