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Hoffman v. Greenberg

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1963
19 A.D.2d 806 (N.Y. App. Div. 1963)

Opinion

October 10, 1963


Judgment unanimously reversed on the law, the facts, and in the exercise of discretion, and a new trial ordered, with costs to abide the event. In this personal injury action plaintiff, a passenger in defendant's car, claimed that her head struck the roof of the car which proceeded over a bumpy road at an exaggerated rate of speed. It is claimed defendant was advised to reduce his speed. In our view the verdict is grossly excessive and the jury failed to evaluate correctly the medical proof. Such failure might well have been the result of the behavior of trial counsel which, in the circumstances of this case, was improper. Accordingly, a new trial is directed.

Concur — Breitel, J.P., McNally, Stevens, Eager and Steuer, JJ.


Summaries of

Hoffman v. Greenberg

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1963
19 A.D.2d 806 (N.Y. App. Div. 1963)
Case details for

Hoffman v. Greenberg

Case Details

Full title:CLAIRE HOFFMAN et al., Respondents, v. PHILIP S. GREENBERG, Appellant

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

Date published: Oct 10, 1963

Citations

19 A.D.2d 806 (N.Y. App. Div. 1963)

Citing Cases

Robinson v. Klein

On prior occasions we have directed new trials for misconduct of plaintiff's trial counsel. ( Hoffman v.…