WHELAN v. FONDACARO


23 A.D.2d 516 (1965)

Lawrence G. Whelan, Respondent, v. Joseph Fondacaro, Appellant

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

January 12, 1965


Per Curiam.

Appellant's sole contention is that the verdict of $8,500 was excessive. Plaintiff sustained a somewhat severe injury to his neck muscles and ligaments but there was no proof of permanency. There was no satisfactory evidence of the time lost by plaintiff from his work as a carpenter by reason of his injuries, differentiated from the periods of his unemployment on account of the seasonal nature of his work. The jury could have properly found, however...

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