FARRELL v. CARTER


38 A.D.2d 880 (1972)

Elizabeth M. Farrell, as Administratrix of The Estate of Keith L. Farrell, Deceased, Appellant, v. Lynn W. Carter et al., Respondents

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

February 25, 1972


Judgment and order affirmed, without costs.

All concur, except Del Vecchio, J. P., and Henry, J., who dissent and vote to reverse the judgment and grant a new trial solely on the issue of damages, in the following memorandum:

In our opinion the verdict was inadequate. ¶ Decedent was a 20-year-old, unmarried, male, who had graduated from high school the previous year. He apparently enjoyed good health, as evidenced by his participation in athletics while...

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