Judgment unanimously reversed on the law and the facts and in the exercise of discretion, and a new trial ordered, without costs.
Upon the pleadings, the plaintiff was not entitled to punitive damages, and the verdict, on the basis of such evidence as was presented, does not appear to be inadequate. Nevertheless, we are constrained by the record to grant a new trial. As we have said, "Inevitably a trial court sets the pattern for the jury" (Livant v. Adams...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
