Legal Opinion
De Luca v. Wells
New York Supreme Court
Decided December 23, 1968PublishedCited by 9 opinions
1Opinion of the CourtJohn J. McCall, J.
In this cause of action for personal injuries, plaintiff has recovered against the defendant in the sum ,of $2,885. Plaintiff has moved that the verdict be set aside as inadequate and that a new trial be had, limited to the issue of damages. Defendant moved against the verdict generally on all of the grounds set forth in CPLR except that of excessiveness and in addition argues that if the verdict be found inadequate there be an entire new trial on all issues.
In approaching the decision of this motion, the court is fully aware of the fact that the fixation of damages is peculiarly the function…
2Cited by9 opinions
- No. 00-3297Court of Appeals for the Third Circuit · 2001
- Figliomeni v. Board of Education of the City School DistrictNew York Court of Appeals · 1975
- Manshul Construction Corp. v. Dormitory Authority of New YorkNew York Supreme Court · 1981
- Murphy v. A. Louis Shure, P. C.Appellate Division of the Supreme Court of the State of New York · 1990
- Mondella v. Erie Lackawanna RailroadCivil Court of the City of New York · 1970
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