WALSH v. GOOD HUMOR CORP.


14 A.D.2d 681 (1961)

John F. Walsh, as Administrator of The Estate of Mary Walsh, Deceased, Respondent, v. Good Humor Corp. et al., Appellants

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

September 28, 1961


Judgment in favor of plaintiff in the sum of $79,809.89, unanimously reversed, on the law, on the facts, and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendants-appellants, unless plaintiff stipulates to accept $12,500 on the cause of action for conscious pain and suffering and the sum of $25,000 (together with interest) on the cause of action for wrongful death in lieu of the award by verdict, in which event the judgment is...

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