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WEIDEN v. SCHWARTZ

193 A.D.2d 570 (1993)

598 N.Y.S.2d 214

Vivian Weiden, Appellant, v. Barbara Schwartz et al., Respondents

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

May 27, 1993

In light of the excessive verdict which was influenced by the inflammatory remarks of plaintiff's counsel throughout the trial, the IAS Court appropriately exercised its discretion and ordered a new trial on damages unless the parties stipulated to a reduction of the verdict (see, Kupitz v Elliott, 42 A.D.2d 898). Indeed, the total award of over $2 million (the jury found the plaintiff...

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