Summary
In Stock v. Buff (35 A.D.2d 1076) we affirmed, without opinion, a judgment against a defendant who violated subdivision (a) of section 1210 Veh. Traf. of the Vehicle and Traffic Law.
Summary of this case from Guaspari v. GorskyOpinion
December 10, 1970
Appeal from the Erie Trial Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli and Moule, JJ.
First decretal paragraph of the judgment unanimously affirmed, with costs; second decretal paragraph thereof unanimously reversed on the facts and a new trial granted unless plaintiff Lilly Anna Stock stipulates to reduce the verdict to $5,000 within 20 days from the date of the order to be entered hereon, in which event that part of the judgment is modified accordingly, and as so modified, affirmed without costs. Memorandum: The verdict in the action brought by Edward Stock finds ample support in the record. In our view the jury's assessment of damages in the wife's action for loss of consortium is excessive and should be reduced to $5,000. It is obvious that the jury was unduly influenced by the quantum of the claimed additional services to be performed by her, which in the main are a part of her ordinary responsibilities.