[Download] "Sam Teofilo v. Mego Corporation" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Sam Teofilo v. Mego Corporation
- Author : Supreme Court of New York
- Release Date : January 29, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
No questions of fact on the claim for punitive damages against appellant were considered on this appeal. Concededly, Rosenbaum and Allegue assaulted plaintiff, inflicting injuries to his chest and ear. We find no proof in the record to justify any assessment for punitive damages against appellant (cf. Craven v. Bloomingdale, 171 N. Y. 439; Cope v. John Wanamaker of N. Y., 249 App. Div. 747, affd. 274 N. Y. 622; Lake Shore & Michigan So. Ry. Co. v. Prentice, 147 U.S. 101; Rose v. Imperial Engine Co., 127 App. Div. 885). We are also of the opinion that the award of $13,140 as compensatory damages was excessive in light of the fact that plaintiff's medical expenses were $100, loss of earnings $540 and injuries not of a serious nature. Appeal dismissed insofar as it is from the order and from the portions of the judgment which are against defendants Rosenbaum and Allegue, without costs. Appellant is not an aggrieved party as to those portions of the order and the judgment which are adverse to those defendants. Further as to the order, with respect to appellant the foregoing disposition of the appeal from the judgment renders the appeal from the order academic; and an order denying a motion for a new trial, made only on the trial minutes, is not appealable.