Sandor v. Katz

Appeal from an order and judgment of the Supreme Court, Ulster County, on the grounds that the jury’s verdict in favor of respondent in the amount of $15,171.80 is excessive as a matter of law and is against the weight of the evidence. The issue of damages is factual and thus is essentially a determination for the jury. It is only where it can be said that a verdict is clearly excessive that an interference with it and the trial court’s considered evaluation thereof is warranted. That another trier of the facts might well have arrived at a lower amount is not the test (Colby v. Drew, 15 A D…