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O'Leary v. Brooklyn & Queens Transit Corp.

253 A.D. 923 Court N.Y. App. Div. Decision date 1938-02-28 English

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p. 923
Rose O’Leary, Respondent, v. Brooklyn and Queens Transit Corporation and Thomas Dillon, Appellants.

In an action for damages for personal injuries, in which plaintiff recovered a verdict of $15,000, judgment reversed on the facts, and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce the amount of the verdict to $10,000; in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdict was excessive. Lazansky, P. J., Cars-well, Davis, Adel and Taylor, JJ., concur.