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Gonzalez v. Levine

12 A.D.2d 905 Court N.Y. App. Div. Decision date 1961-02-14 English

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p. 905
Ralph Gonzalez, Respondent, et al., Plaintiff, v. Betty Levine, Appellant.

Judgment in favor of plaintiff in the sum of $80,217.50 reversed, on the law and on the facts, the verdict vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $50,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action it is evident that the jury verdict is grossly excessive in its award of damages, and that a verdict in excess of $50,000 is

p. 906
not warranted by the record. Concur — McNally, J. P., Stevens and Steuer, JJ.; Eager and Bastow, JJ., dissent and vote to affirm. Settle order on notice.