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Quinlan v. Ellis
265 N.Y.S.2d 577
N.Y. App. Div.
1965
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Judgment unanimously modified, on the law and the facts, to the extent of reversing the judgment in favor of plaintiffs-respondents Fitzpatrick and Feeley, severing their actions and ordering a new trial as to said plaintiffs, with $50 costs to defendants-appellants, unless plaintiff Fitzpatrick stipulates to accept $3,000 and plaintiff Feeley stipulates to accept $500, in which event the judgment is modified, and as so modified, affirmed as to said plaintiffs, with $50 costs to defendants against said plaintiffs-respondents; and otherwise insofar as the judgment is in favor of plaintiff Quinlan, the judgment is affirmed, with $50 costs to plaintiff Quinlan against defendants. In our opinion, the damages awarded to plaintiffs, Fitzpatrick and Feeley, are excessive under the circumstances of this ease. Settle order on notice. Concur-—Breitel, J. P., Rabin, Valente, Eager and Steuer, JJ.

Case Details

Case Name: Quinlan v. Ellis
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 2, 1965
Citation: 265 N.Y.S.2d 577
Court Abbreviation: N.Y. App. Div.
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