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Larsen v. Simonson

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 563 (N.Y. App. Div. 1934)

Opinion

December, 1934.


Action to recover damages for personal injuries resulting from a collision between a motorcycle driven by plaintiff and an automobile owned by defendant and operated by a third party with his permission. Appeal from judgment in plaintiff's favor. Judgment reversed on the facts and a new trial granted, costs to appellant to abide the event, unless within ten days from the entry of the order herein and service of a copy thereof upon the attorney for the respondent, the respondent stipulate to reduce the verdict to the sum of $11,903, by deducting therefrom the amount of the hospital bills, amounting to $1,075; in which event the judgment as so modified is unanimously affirmed, without costs. Unpaid bills from the hospitals, in the absence of proof that the charges were reasonable, were incompetent. ( Gumb v. Twenty-third Street R. Co., 114 N.Y. 411; Parilli v. Brooklyn City R.R., 236 App. Div. 577.) Lazansky, P.J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.


Summaries of

Larsen v. Simonson

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 563 (N.Y. App. Div. 1934)
Case details for

Larsen v. Simonson

Case Details

Full title:GEORGE LARSEN, Respondent, v. ARCHIE V. SIMONSON, Appellant

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

Date published: Dec 1, 1934

Citations

243 App. Div. 563 (N.Y. App. Div. 1934)

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