Durso v. City of New York

Kassal, J. (dissenting in part, concurring in part).

The jury’s verdict in the amount of $700,000 in favor of the injured plaintiff, Frank Durso, and in the amount of $300,000, for his wife, Catherine Durso, for her derivative cause of action for loss of services, should be set aside and a new trial ordered as a result of (1) the court’s improper instructions to the jury; (2) the unbalanced marshaling of the evidence in the court’s charge; and (3) because the said verdicts are grossly excessive. Plaintiff suffered from a chronic back condition, both prior and subsequent to the September 6,1975…