Legal Opinion
Staiano v. Cronk
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 1976PublishedCited by 2 opinions
1Opinion of the Court
Order affirmed, without costs. Memorandum: We consider but one question in this appeal, namely, whether the trial court was correct in setting aside the jury verdict unless the plaintiff accepted by stipulation the amount of the verdict as reduced by the trial court. The jury had awarded the plaintiff a verdict of $25,000 which the court reduced to $7,500. It has been consistently held that the question of damages in a personal injury action is peculiarly the function of the jury and the verdict of the jury will ordinarily be sustained in the absence of irregularity, bias or unfairness (see…
2Cases cited6 opinions
- Mann v. HuntAppellate Division of the Supreme Court of the State of New York · 1953
- Rice v. NinacsAppellate Division of the Supreme Court of the State of New York · 1970
- Kligman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
- Dashnau v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 1923
- Fitzgerald v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by2 opinions
- Prunty v. YMCA of Lockport, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Ferry v. Luther Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1977