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Lesser v. City of New York

283 A.D. 721 Court N.Y. App. Div. Decision date 1954-02-01 English

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p. 721
Charlotte Lesser, Respondent, v. City of New York, Appellant.

In an action to recover damages for personal injuries, suffered as the result of a fall from a trolley car owned and operated by defendant, the jury rendered a verdict for $8,500 in favor of plaintiff. Defendant appeals from the judgment entered thereon. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless plaintiff, within ten days from the entry of the order hereon, stipulate to reduce the verdict to $5,000, in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdict is excessive. Holán, P. J., Adel, Wenzel, MaeCrate and Beldock, JJ., concur.