Appellate Division of the Supreme Court of New York, 1970

Gasc v. City of New York

Gasc v. City of New York
Appellate Division of the Supreme Court of New York · Decided March 24, 1970
34 A.D.2d 530; 309 N.Y.S.2d 1001; 1970 N.Y. App. Div. LEXIS 5287
Gasc v. City of New York

Opinion of the Court

Judgment in favor of plaintiff Mercedes Gase for personal injuries in the sum *531of $55,000 unanimously reversed on the law, on the facts and in the exercise of discretion, without costs and without disbursements, and a new trial granted, unless plaintiff Mercedes Gase, within 20 days of service upon her by defendant of a copy of the order herein, stipulates to accept $35,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and as thus modified affirmed, without costs and without disbursements. It is obvious that the award by verdict of $55,000 is excessive and not supported by the evidence. Concur—Stevens, P. J., Eager, Markewich and McNally, JJ.

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