O'CONNOR v. PAPERTSIAN


309 N.Y. 465 (1956)

Elizabeth O'Connor, Appellant, v. Olive Papertsian et al., Respondents.

Court of Appeals of the State of New York.

Decided January 12, 1956


Attorney(s) appearing for the Case

Maurice J. McCarthy, Jr., for appellant.

Bernard Meyerson and Richards W. Hannah for Olive Papertsian, respondent.

Olin S. Nye and Matthew E. Lawless for Anthony De Vito, respondent.

DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.


CONWAY, Ch. J.

In the Supreme Court the jury brought in a verdict in favor of the plaintiff in the amount of $1,000. A motion made by the plaintiff to set aside the verdict on the ground of inadequacy was granted and a new trial ordered. Defendants appealed from that order to the Appellate Division, which "modified" the order of the Trial Term by ordering "a new trial on the ground of the inadequacy of the verdict...

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