SHAIN v. CRAUSMAN


1 A.D.2d 997 (1956)

Marilyn S. Shain, by Her Guardian ad Litem, Frank Shain, et al., Respondents, v. Israel L. Crausman, Appellant

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

May 15, 1956


The award of $3,000 to plaintiff Frank Shain is clearly excessive. That sum apparently included an allowance by the jury for plastic surgery, out of that item listed in the bill of particulars at $5,000. However, there was no proof as to that item. The sum of $23,211.10 awarded to the infant is amply sufficient to provide for plastic surgery if that is required.

Judgment, insofar as it is in favor of the infant plaintiff, unanimously affirmed, with costs; insofar...

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