From Casetext: Smarter Legal Research

Sandor v. Katz

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1967
27 A.D.2d 766 (N.Y. App. Div. 1967)

Opinion

February 10, 1967


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.2d 846), nor is the amount of special damages an absolutely controlling factor ( Becker v. Ginsberg, 23 A.D.2d 916). On the instant record, especially since appellant offered no proof to contradict respondent's medical testimony and allegations of loss of business and professional opportunities, the jury's determination of damages must be upheld. We find no merit in appellant's contention that the verdict was against the weight of the evidence. Order and judgment affirmed, with costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in a memorandum decision by Reynolds, J.


Summaries of

Sandor v. Katz

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1967
27 A.D.2d 766 (N.Y. App. Div. 1967)
Case details for

Sandor v. Katz

Case Details

Full title:GLUCK SANDOR, Respondent, v. MILTON KATZ, Appellant

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

Date published: Feb 10, 1967

Citations

27 A.D.2d 766 (N.Y. App. Div. 1967)

Citing Cases

Wonsch v. Snyder

Both respondents were seriously injured and sustained a variety of permanent injuries. The jury's…

Thompson v. Carney

We disagree. On this record, in its entirety, we are unable to say the amount awarded is so disproportionate…