CROCE v. CITY OF NEW YORK


3 A.D.2d 920 (1957)

Arthur Della Croce, as Committee of the Person and Property of Esther Della Croce, an Incompetent Person, et al., Respondents, v. City of New York, Appellant

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

May 6, 1957


Judgment reversed and a new trial granted, with costs to abide the event.

The verdict is grossly excessive unless predicated on a finding that the wife sustained an injury to the back of her head resulting in traumatic epilepsy, which finding is against the weight of the credible evidence. There is proof, including alleged statements of the wife, that she was subject to fainting spells prior to the accident. She was not rendered unconscious at the time of the accident...

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