Jacobs v. Peress
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously vacated and a new trial ordered on the law and on the facts, with $50 costs and disbursements to defendant unless plaintiffs stipulate to reduce the verdict to $2,000 and $500, respectively, in which event judgment affirmed, with costs and disbursements to defendant. In this action for personal injuries and loss of services, a reading of the record reveals that plaintiff wife sought to attribute the effects of pre-existing conditions to the accident. While there was technical evidence that the accident was a competent producing cause of her present condition, the…
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- Miller v. OwenNew York Supreme Court · 2000