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COHEN v. CITY CANAL CORP.

279 A.D. 897 (1952)

George Cohen, Doing Business under the Name of A. Cohen & Son Trucking, Respondent, v. City Canal Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1952.

Per Curiam.

The only evidence introduced as to the value of the merchandise lost was that it was reasonably worth $4,577.49. The jury's verdict in the sum of $2,400 was obviously a compromise of liability or a compromise of the amount awarded plaintiff, which no hypothesis of the evidence could support. A judgment based on such compromise verdict cannot be sustained. (Friend v. Morris D. Fishman, Inc., 302 N.Y. 389;

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