Torts · MBE-tested

James Maltese, Respondent-Appellant, v. Woodford J. Townsend, Appellant-Respondent, and Myriet Corp., Respondent

21 A.D.2d 779·New York Supreme Court, Appellate Division·1964·NY

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Opinion

James Maltese, Respondent-Appellant, v. Woodford J. Townsend, Appellant-Respondent, and Myriet Corp., Respondent. [MAJORITY] Judgment in favor of plaintiff unanimously reversed on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendant-appellant, unless plaintiff stipulates to accept $10,000 in lieu of the award by verdict (as reduced), in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendant-appellant. In this personal injury negligence action it is evident that the jury verdict (as reduced) is still excessive and that a verdict of in excess of $10,000 is not warranted on the record. Settle order on notice. Concur — Botein, P. J., Rabin, McNally, Stevens and Steuer, JJ.