Wednesday, January 1, 2014

Grayson v. Irvmar Realty Corp. case brief

Grayson v. Irvmar Realty Corp. case brief summary
7 A.D.2d 436 (1959)

Appellant tortfeasor challenged an order from the Supreme Court (New York), which granted appellee singer's motion for a new trial or reduction in jury's damage award in the personal injury action against it, as the damage award was excessive.

The tortfeasor claimed that the jury's damage award was improper because the evidence was insufficient to show that the singer's future earnings were greatly reduced by the injury she suffered.


  • The court agreed and held that the jury's award of substantial damages for the singer's impaired or frustrated inchoate operatic career was in error because there wasn't sufficient evidence relating the alleged negligence to the alleged injury. 
  • In addition, the tortfeasor contended that the damages awarded were excessive. 
  • The court reversed and held that although one tortiously injured could have properly recovered damages based upon the impairment of future earning capacity, in light of the proper distinctions, the jury's award of $50,000 was grossly excessive.
The court reversed on the law and facts, and it granted a new trial unless plaintiff stipulated to accept a judgment in the reduced amount of $20,000.

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