Boudreau v. Damas Food Mart Corp.

Order unanimously reversed, with $30 costs, and verdict reinstated. While a court may set aside a jury’s verdict for insufficiency, its discretion nevertheless is limited. In this negligence action it cannot be said that the verdict was so inadequate as to reflect bias or prejudice on the part of the jury, warranting the trial court in setting the verdict aside as shocking to the conscience of the court. On the evidence, it appears that the amount awarded represents a fair assessment of damages.

Concur — Hofstadter, J. P., Tilzer and Gold, JJ,

Order reversed, etc,

Case Details

Case Name: Boudreau v. Damas Food Mart Corp.

Court Name: Appellate Terms of the Supreme Court of New York

Date Published: Nov 17, 1966

Citation: 52 Misc. 2d 930

Court Abbreviation: N.Y. App. Term.