O'Connor v. Papertsian

Conway, Ch. J.

In the Supreme Court the jury brought in a verdict in favor of the plaintiff in the amount of $1,000. A motion made by the plaintiff to set aside the verdict on the ground of inadequacy was granted and a new trial ordered. Defendants appealed from that order to the Appellate Division, which “modified” the order of the Trial Term by ordering “ a new trial on the ground of the inadequacy of the verdict *468unless defendants stipulate to increase the verdict to the sum of $2,500, in which event the judgment is to be entered accordingly, with costs to plaintiff-respondent.” The…