Appellate Terms of the Supreme Court of New York, 1959

Eng Hong v. Len Service Corp.

Appellate Terms of the Supreme Court of New York · Decided June 11, 1959

19 Misc. 2d 959; 196 N.Y.S.2d 327; 1959 N.Y. Misc. LEXIS 3507

Counsel

Milton 8. Eisenstat and Alan Leonard Levy for appellant., Raymond J. MacDonnell and Hewitt L. Rubel for respondent.

Opinion of the Court

Per Curiam.

The court below properly granted the motion to set aside the verdict as excessive but in our view $250, the amount fixed by the court to be accepted by plaintiff, is inadequate.

Undoubtedly there was exaggeration of injuries and expenses for medical aid but the record reveals that plaintiff did suffer damages as a result of injuries received in an accident for which he was in no manner responsible.

*960We conclude, therefore, that a new trial should be held, limited to an assessment of damages, and so direct.

The order should be modified by directing a new trial for the sole purpose of assessing plaintiff’s damages, and as modified affirmed, with 10 costs and disbursements.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Order modified, etc.

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