McALLISTER v. N. Y. CITY HOUS. AUTH.


9 N.Y.2d 568 (1961)

Robert McAllister, Respondent, v. New York City Housing Authority, Defendant, and George F. Driscoll Company et al., Appellants.

Court of Appeals of the State of New York.

Decided May 18, 1961.


Attorney(s) appearing for the Case

John P. Carson and Harold Schaffner for appellants.

Benjamin H. Siff and Melvin Sacks for respondent.

Judges FULD, VAN VOORHIS, BURKE and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND and Judge DYE dissent and vote to affirm.


FROESSEL, J.

In this personal injury action, the trial court, sitting without a jury, awarded plaintiff, in his 70th year at the time of the accident, the sum of $98,482.20 for what was essentially a fracture of the right arm, resulting in limitation of motion, and some lesser injuries. The Appellate Division modified the judgment by reducing the damages to $70,000.

Plaintiff had been a structural ironworker...

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