FISHER v. SMITH


11 A.D.2d 918 (1960)

Herman Fisher, Respondent, v. Brownie Smith, Appellant

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

August 1, 1960


Order of the Appellate Term reversed, with $10 costs and disbursements to defendant, and order of the City Court affirmed, with $25 costs and disbursements to defendant.

The record shows that plaintiff's claimed special damages will not be established on the trial and that plaintiff's claimed injuries are grossly exaggerated. Under such circumstances it was not an abuse of discretion for the Justice presiding at the Calendar Classification Term of the City Court to...

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