KRAUS v. FORD MOTOR CO.


55 A.D.2d 851 (1976)

Theodore W. Kraus, as Administrator of The Estate of Theodora Kraus, Deceased, et al., Respondents v. Ford Motor Company, Appellant

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

December 17, 1976


Order modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

Following a jury verdict of $3,500 in this wrongful death action, the trial court directed a new trial unless defendant, Ford Motor Company, agreed to increase the verdict to $10,000. Defendant appeals, contending that the jury verdict should not have been set aside. It is clear, however, that a trial court may, in the exercise of its discretion, set aside a...

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