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Davios v. Arthur Knorr Express

20 A.D.2d 777 Court N.Y. App. Div. Decision date 1964-03-19 English

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p. 777
Steve Davios, Respondent, v. Arthur Knorr Express et al., Appellants.

Judgment unanimously reversed on the law, and on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendants-appellants, unless plaintiff stipulates to accept $20,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and as so modified, affirmed, with costs to defendants-appellants. In this personal injury negligence action it is evident that the jury verdict is grossly excessive in the award for damages and that a verdict in excess of $20,000 is not warranted by the record. Settle order on notice. Concur — Botein, P. J., Breitel, Valente, Eager and Witmer, JJ.