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Viscomi v. S.S. Kresge Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 1988
142 A.D.2d 987 (N.Y. App. Div. 1988)

Opinion

July 7, 1988

Appeal from the Supreme Court, Niagara County, DiFlorio, J.

Present — Dillon, P.J., Denman, Boomer, Pine and Balio, JJ.


Judgment unanimously vacated on the law with costs to plaintiff and new trial granted on the issue of damages only. Memorandum: The jury's award of damages was patently inadequate, based on the proof at trial of special damages and pain and suffering, and a new trial on the issue of damages is required (Ladd v Parkhurst, 87 A.D.2d 971). We have examined defendant's arguments on its appeal and find them to be without merit.


Summaries of

Viscomi v. S.S. Kresge Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 1988
142 A.D.2d 987 (N.Y. App. Div. 1988)
Case details for

Viscomi v. S.S. Kresge Co.

Case Details

Full title:NORMA VISCOMI, Individually and as Executrix of THOMAS VISCOMI, Deceased…

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

Date published: Jul 7, 1988

Citations

142 A.D.2d 987 (N.Y. App. Div. 1988)

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