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SANDOR v. KATZ

27 A.D.2d 766 (1967)

Gluck Sandor, Respondent, v. Milton Katz, Appellant

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

February 10, 1967

REYNOLDS, J.

The issue of damages is factual and thus is essentially a determination for the jury. It is only where it can be said that a verdict is clearly excessive that an interference with it and the trial court's considered evaluation thereof is warranted. That another trier of the facts might well have arrived at a lower amount is not the test (Colby v. Drew, 15 A.D.2d 846), nor is the amount of special...

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