MERCADO v. CITY OF NEW YORK


25 A.D.2d 75 (1966)

George Mercado, as Administrator of The Estate of Carmen Mercado, Deceased, Appellant, v. City of New York, Respondent

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

February 15, 1966.


Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Charles Kramer with him on the brief; Nathan Diamond, attorney), for appellant.

Judah Dick of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondent.

BREITEL, J. P., McNALLY, STEVENS and STEUER, JJ., concur.


EAGER, J.

On basis of the record in this action for wrongful death, the trial court's power and discretion was properly exercised to set aside the verdict of $75,000 as grossly excessive. But, under the circumstances here, a retrial of the issue of liability is neither necessary nor required in the interests of justice.

The liability issue and the damage issue in an action, grounded in negligence, to recover...

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