KANE v. BATEMAN


28 A.D.2d 814 (1967)

Patrick F. Kane, Plaintiff, v. George Bateman et al, Defendants. (Action No. 1.) Ruth Killingbeck, as Administratrix of The Estate of James E. Killingbeck, Deceased, Appellant, v. Members of the Board of Education of the Orchard Park Central School District et al., Respondents. (Action No. 2)

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

June 29, 1967


Order insofar as appealed from unanimously modified on the law and facts to the extent of ordering a new trial solely on the issue of damages, and as modified affirmed, without costs.

Memorandum:

The trial court properly set aside the $27,500 verdict as excessive but its granting of a new trial on the issue of liability in addition to the issue of damages was neither necessary nor required in the interests of justice. The questions of negligence and freedom...

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