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Casey v. City of Albany

Appellate Division of the Supreme Court of New York, Third Department
May 18, 1978
63 A.D.2d 798 (N.Y. App. Div. 1978)

Opinion

May 18, 1978


Appeal from a judgment of the Supreme Court, entered October 15, 1976 in Albany County, upon a verdict rendered at a Trial Term, in favor of plaintiff. The sole issue presented on this appeal is whether the jury's award of damages in the sum of $6,000 to plaintiff for injuries sustained as the result of an assault by an Albany police officer was inadequate. The record reveals that plaintiff sustained a fractured jaw which had to be wired for a period of seven weeks during which time he was on a liquid diet. The record also reveals that plaintiff's medical expenses totaled some $2,100 and his loss of time amounted to $2,160. It is our view that the verdict is plainly inadequate and must be set aside. Judgment reversed, on the law and the facts, and a new trial limited solely to the issue of damages ordered, with costs. Greenblott, J.P., Sweeney, Main and Mikoll, JJ., concur; Larkin, J., dissents and votes to affirm in the following memorandum.


Since the jury is in a much better position than an appellate court to evaluate the witnesses and the physical injuries, its verdict should not be disturbed.


Summaries of

Casey v. City of Albany

Appellate Division of the Supreme Court of New York, Third Department
May 18, 1978
63 A.D.2d 798 (N.Y. App. Div. 1978)
Case details for

Casey v. City of Albany

Case Details

Full title:GREGORY CASEY, Appellant, v. CITY OF ALBANY, Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 18, 1978

Citations

63 A.D.2d 798 (N.Y. App. Div. 1978)

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