Civil Procedure · MBE-tested

Lillian B. Tucker, Appellant, v. Alfred Wolf, Trading under the Firm Name and Style of Ideal Furniture Shop, Respondent

234 A.D. 725·New York Supreme Court, Appellate Division·1931·NY

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Opinion

Lillian B. Tucker, Appellant, v. Alfred Wolf, Trading under the Firm Name and Style of Ideal Furniture Shop, Respondent. [MAJORITY] Order reversed upon the law and the facts, with costs, verdict reinstated, and judgment directed to be entered thereon, with costs. The record discloses nothing which permits the inference that the jury herein was prejudiced or influenced by any improper motive when it rendered its verdict. This is a case where the damages awarded should rest in the experience and good sense of the jury. Young, Hagarty and Scudder, JJ., concur; Lazansky, P. J., and Kapper, J., dissent and vote to affirm.