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WITTMAN v. GILSON

120 A.D.2d 964 (1986)

Rosabell Wittman, as Limited Administratrix of The Estate of Sharon A. Wittman, Deceased, Respondent-Appellant, v. Stephen D. Gilson, Appellant-Respondent

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

May 23, 1986

Order unanimously reversed, on the facts, without costs, motions denied, and verdicts reinstated.

Memorandum:

The court erred in setting aside jury verdicts for wrongful death and conscious pain and suffering as inadequate and punitive damages as unfair. Although the court has the power to set aside a jury verdict when it is insufficient or excessive to such an extent as to indicate that it resulted from sympathy...

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