James v. Powell
| Decision Date | 06 February 1964 |
| Citation | 20 A.D.2d 689,246 N.Y.S.2d 998 |
| Parties | Esther JAMES, Plaintiff-Respondent, v. Adam Clayton POWELL, Jr., Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
R. Rubin, New York City, for plaintiff-respondent.
W. C. Chance, Jr., New York City, for defendant-appellant.
Judgment in favor of plaintiff unanimously reversed, on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted with costs to defendant-appellant, unless plaintiff stipulates to accept, in lieu of the award by verdict, $11,500 as compensatory damages and $35,000 as punitive damages, in which event, the judgment is modified to that extent and as so modified, affirmed, with costs to defendant-appellant. In this libel action, it is evident that the jury verdict is grossly excessive in the award for punitive damages and that a verdict in excess of $35,000 for such damages is not warranted by the record. Settle order on notice.
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James v. Powell
...Powell, Jr., (see: James v. Powell, N.Y.L.J., April 8, 1963, page 2, col. 8; April 9, 1963, page 2, col. 2, mod. and aff'd, 20 A.D.2d 689, 246 N.Y.S.2d 998, aff'd 14 N.Y.2d 881, 252 N.Y.S.2d 87, 200 N.E.2d 772, cert. den. 379 U.S. 966, 85 S.Ct. 659, 13 L.Ed.2d 559) and being unable to colle......
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James v. Powell
...$33,250.76 remains unpaid on the libel judgment which plaintiff recovered against defendant Adam Powell on April 5, 1963 (mod. 20 A.D.2d 689, 246 N.Y.S.2d 998, affd. 14 N.Y.2d 881, 252 N.Y.S.2d 87, 200 N.E.2d 772). The material allegations of the complaint in the instant action, summarized ......