CASTALDO v. OLKON


13 A.D.2d 533 (1961)

Vincent Castaldo et al., Respondents, v. Elija Olkon, Appellant

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

March 20, 1961


Order affirmed, with costs.

The failure of the jury to award damages for the personal injuries sustained by plaintiff Rose Cucinotta was inconsistent with its award to her husband for the alleged medical expenses he incurred for her. When a verdict in respect of a cause of action for personal injuries is inconsistent with the verdict relating to a derivative cause of action for medical expenses and loss of services, the verdicts may not stand and a new trial should...

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