APPLEGATE v. MARSHALL CONSTR. CO., INC.


26 A.D.2d 538 (1966)

John B. Applegate, as Executor of George P. Daub, Deceased, Respondent, v. Marshall Construction Co., Inc., Appellant, et al., Defendants

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

June 28, 1966


Judgment in favor of plaintiff in the sum of $17,673 in a personal injury action, unanimously reversed, on the law and on the facts, the verdict vacated, and a new trial granted, without costs or disbursements, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, without costs or disbursements.

The jury verdict was grossly excessive in its award of damages...

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