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Baker v. Plazmont Pharmacy, Inc.

13 A.D.2d 626 Court N.Y. App. Div. Decision date 1961-04-11 English

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p. 626
Florence M. Baker et al., Respondents, v. Plazmont Pharmacy, Inc., Appellant.

Judgment in favor of plaintiffs unanimously reversed, on the law and on the facts, the verdicts vacated, and a new trial granted, with costs to defendant-appellant, unless plaintiff Florence M. Baker stipulates to accept $15,000 in lieu of the award to her 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 action, it is evident that the jury verdict in favor of plaintiff Florence M. Baker is excessive in its award of damages, and that a verdict in excess of $15,000 is not warranted by the record. Settle order on notice. Concur — McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.