Schildhaus v. City of New York, 10 A.D.2d 566 (N.Y. App. Div. 1960). · Go Syfert
Schildhaus v. City of New York, 10 A.D.2d 566 (N.Y. App. Div. 1960). Cases Citing This Book View Copy Cite
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Strongest positive: Silvagnoli v. Consolidated Edison Employees Mutual Aid Society (nyappdiv, 1985-08-01)
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cited Cited "see" Silvagnoli v. Consolidated Edison Employees Mutual Aid Society
N.Y. App. Div. · 1985 · signal: see · confidence high
(See, Milam v Gibson & Cushman, 81 AD2d 555, 556 [1st Dept 1981]; see, Meier v Shively, 10 AD2d 566 [1st Dept 1960].) Concur — Sullivan, J.
Retrieving the full opinion text from the archive…
Arnold Schildhaus
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
Jan 26, 1960.
10 A.D.2d 566
Cited by 3 opinions  |  Published

Judgment reversed, on the law, on the facts and in the exercise of direction, and a new trial ordered, with costs to abide the event, unless plaintiff stipulates to accept $6,000, in which event the judgment is modified and, as so modified, affirmed, without costs. The damages awarded plaintiff are excessive in the[*567] circumstances. Although special damages are reflected in the verdict, the proof thereof in respect of the first cause of action is too vague, indefinite and insubstantial to warrant the verdict rendered. Concur — M. M. Frank, McNally and Stevens, JJ.; Breitel, J. P. and Valente, J., dissent and vote to affirm, in the following memorandum: We dissent and vote to affirm on the ground that the assessment of damages for false imprisonment is one peculiarly in the province of the jury. Moreover, in the case of a professional man, the amount awarded can hardly be said to be excessive. Settle order. [7 Misc 2d 859.]