Monette v. Bonsall

Order unanimously modified and as modified affirmed, with costs to plaintiff, and matter remitted to Supreme Court, Erie County, for further proceedings all in accordance with the following Memorandum: The conduct of defendants’ representatives in this action does not merit opening the default; but it appears that the amount awarded for personal injuries included in the judgment may be excessive, and in the interest of justice we deem it proper that such damages be assessed at a hearing at which defendants may defend on that issue. The accident happened on July 3, 1964, and the summons and…