Ackerberg v. Kemelman — 22 A.D.2d 665

Majority

p. 665

Richard Ackerberg, an Infant, by Nathan Ackerberg, His Guardian ad Litem, et al., Plaintiffs, v. Margaret Kemelman, Defendant. Kenneth Segal, an Infant, by Alexander Segal, His Guardian ad Litem, et al., Appellants, v. Peter Ackerberg et al., Respondents, et al., Defendant.

These appeals are consolidated and disposed of as follows: Judgment in favor of the infant plaintiff Kenneth Segal in the sum of $3,500 in a personal injury action and against the plaintiff Alexander Segal, unanimously reversed, on the law and on the facts, and a new trial ordered, with $50 costs to plaintiffs-appellants, unless defendants-respondenfs stipulate to increase the verdict in favor of the infant plaintiff Kenneth Segal to the sum of $5,000 and to the entry of judgment in favor of the plaintiff Alexander Segal in the sum of $1,542.75, in which event the judgment is modified to that extent, and, as so modified, affirmed, with $50 costs to plaintiffs-appellants. On this record the verdict in favor of the infant plaintiff is inadequate and inconsistent with the verdict against the infant’s father for medical expenses. Settle order on notice. Concur — McNally, J. P., Stevens, Eager, Steuer and Staley, JJ.