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Lates v. Health Ins. Plan of Greater New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1963
19 A.D.2d 629 (N.Y. App. Div. 1963)

Opinion

June 10, 1963


In an action to recover damages for wrongful death and for conscious pain and suffering resulting from malpractice, the defendants (with the exception of the Health Insurance Plan of Greater New York) appeal from so much of a judgment of the Supreme Court, Richmond County, entered December 6, 1962 after trial upon a jury's verdict, as awarded plaintiff $87,440.25, of which $57,000 was for the wrongful death and $22,000 was for the pain and suffering. Judgment, insofar as appealed from, reversed on the law and on the facts; action severed as to the nonappealing defendant (Health Insurance Plan of Greater New York); and new trial ordered as between the plaintiff and the appellants, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff shall stipulate to reduce to $5,000 the amount of the verdict with respect to the cause of action for conscious pain and suffering, in which event the judgment, as so reduced and insofar as appealed from, is affirmed, without costs. In our opinion, under all the circumstances, the sum of $22,000 awarded by the jury for the pain and suffering was excessive. Ughetta, Acting P.J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.


Summaries of

Lates v. Health Ins. Plan of Greater New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1963
19 A.D.2d 629 (N.Y. App. Div. 1963)
Case details for

Lates v. Health Ins. Plan of Greater New York

Case Details

Full title:RICHARD J. LATES, Individually and as Administrator of the Estate of…

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

Date published: Jun 10, 1963

Citations

19 A.D.2d 629 (N.Y. App. Div. 1963)

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