HEMPEL v. JENKINS


28 A.D.2d 1068 (1967)

Arthur E. Hempel, Respondent, v. Vernon Jenkins, Appellant

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

October 31, 1967


AULISI, J.

The jury verdict found for the plaintiff was in the sum of $1,400. As the trial court pointed out, this was just $183.80 over plaintiff's special damages and grossly inadequate. Appellant argues that if a new trial was correctly granted it should not be limited to damages alone but should include the whole action. We do not agree. It is well settled that where liability and negligence are distinct issues which may be determined separately a...

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