CHEATUM v. WEHLE


14 A.D.2d 641 (1961)

E. Leonard Cheatum, Respondent, v. Louis A. Wehle, Appellant

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

August 1, 1961


In our view the verdict, on this record, is excessive and the compensatory damages should not exceed $5,000, the punitive damages $32,500.

Judgment reversed on the law and the facts and a new trial ordered unless the plaintiff-respondent shall stipulate within 10 days of the service of an order with notice of entry, to accept the sum of $37,500 in which event the judgment as modified is affirmed. No costs. Settle order.

Herlihy, J., concurs in...

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