GOLDENHAR v. GUSTAFSON


8 A.D.2d 724 (1959)

Charles Goldenhar, Respondent, v. Frederick A. Gustafson, Appellant

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

May 4, 1959


Judgment insofar as appealed from reversed and a new trial granted, with costs to abide the event, unless respondent, within 10 days after the entry of the order hereon, stipulate to reduce the award for personal injuries from $9,500 to $4,500, in which event the judgment, as so modified, is affirmed, without costs.

In our opinion the award on the first cause of action was excessive. Proof of a disability of 10 weeks, with confinement of one week to bed, loss of earnings...

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