Appellate Terms of the Supreme Court of New York, 1966

Boudreau v. Damas Food Mart Corp.

Boudreau v. Damas Food Mart Corp.
Appellate Terms of the Supreme Court of New York · Decided November 17, 1966
52 Misc. 2d 930; 277 N.Y.S.2d 246; 1966 N.Y. Misc. LEXIS 1318

Counsel

Allen M. Taylor and Martin M. Booster for appellant. David B. Ampel for respondents.

Boudreau v. Damas Food Mart Corp.

Opinion of the Court

Order unanimously reversed, with $30 costs, and verdict reinstated. While a court may set aside a jury’s verdict for insufficiency, its discretion nevertheless is limited. In this negligence action it cannot be said that the verdict was so inadequate as to reflect bias or prejudice on the part of the jury, warranting the trial court in setting the verdict aside as shocking to the conscience of the court. On the evidence, it appears that the amount awarded represents a fair assessment of damages.

Concur — Hofstadter, J. P., Tilzer and Gold, JJ,

Order reversed, etc,

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