22 23 24 Answer of Defendant Peter J. Parise. [SAME TITLE] The defendant PETER J. PARISE, answering the supplemental complaint herein, alleges: 1. He denies that he has any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraphs numbered "I" “VI” “VII” "VIII IX and X of said supplemental complaint. The defendant further answering the supplemental complaint and for a first and separate defense alleges: 2. That if the said Margaret McKeever was inured, as is alleged in the supplemental complaint, she was so injured by reason of her own negligence and contributory negligence, and without any fault or neglect on the part of this defendant. WHEREFORE, defendant asks that the supplemental complaint herein be dismissed with costs. LESLER & RUSSELL, Attorneys for deft. Peter J. Parise. Office and Post Office Address, #31 Nassau Street, [VERIFIED] New York City. * Extract from the Minutes. At a Trial Term of the Supreme Court Present: Hon. HARRY E. LEWIS, Justice. [SAME TITLE] This cause having been called for trial in its order on the Calendar, and twelve trial Jurors having been duly sworn, empanelled and sworn to try the same, on consent and on motion of counsel for the defendants the action against the defendant James L. Damato discontinued without costs. The jury come into Court and say they find verdict for the plaintiff for $1500.00 Fifteen hundred dollars. Counsel for the defendants move to set aside the verdict and for a new trial as being against the weight of evidence, excessive in damages and upon all the grounds stated in section 549 of the Civil Practice Act. Motion denied. 30 days stay of execution after notice of entry of judgment and 60 days to make and serve a case on appeal granted to the defendants. An Extract from the Minutes, WILLIAM E. KELLY, 25 26 27 Clerk. 28 29 [SAME TITLE] Judgment. The issues in the above entitled action having duly come on for Trial before Honorable Harry E. Lewis, and a Jury, at Trial Term Part V of this Court, on the 11th and 12th days of January, 1922, and the Jury having returned a verdict in favor of the plaintiff and against the defendants, Fred Parise and Peter J. Parise, for the sum of fifteen hundred ($1500) dollars, and the costs of the plaintiff having been taxed in the sum of $130 65/100. Now, on motion of Max Rothenberg, Esq., attorney for the plaintiff, it is ADJUDGED that the plaintiff, Ellen McKeever, as guardian ad litem of Margaret McKeever, an infant, do recover of the defendants, Fred Parise and Peter J. Parise, the sum of Fifteen Hundred ($1500) Dollars, together with the sum of $130 65/100, costs as taxed, making in all the sum of $1630 65/100 and that plaintiff have execution therefor. Dated, Brooklyn, N. Y. January 16th, 1922. 30 WM. E. KELLY, Order Denying Motion for New Trial. At a Trial Term of the Supreme Court held in and for the County of Kings, at the Court House, in the Borough of Brooklyn, City and State of New York, on the 8th day of February, 1922. Present: Hon. HARRY E. LEWIS, Justice [SAME TITLE] The issues in this action having regularly come on for trial before Mr. Justice Harry E. Lewis, one of the Justices of this Court and a jury, in a Trial Term of this Court, Part 5 thereof, on the 11th and 12th days of January, 1922, and the same having been duly tried, and a jury having returned a verdict in favor of the plaintiff and against the defendants FRED PARISE and PETER J. PARISE, for the sum of Fifteen Hundred ($1500.) Dollars, and the defendants having moved to set aside the verdict and for a new trial on the grounds that the same was against the weight in evidence and contrary to law, and that the same is excessive in amount, and upon all the grounds specified in Section 549 of the Civil Practice Act, except that of insufficient damages; and after hearing Montague Lessler, of counsel for the defendant, in support of said motion, and Max. Rothenberg, Esq., of counsel for the plaintiff, in opposition thereto, Now, on motion of Max Rothenberg, of counsel for the plaintiff, it is ORDERED, that the said motion be and the same is hereby in all respects denied. 31 32 33 Enter HARRY E. LEWIS, J. S. C. 34 35 36 Case. Before: Hon. HARRY E. LEWIS, J. and a jury. Brooklyn, N. Y., January 11 and 12, 1922. For the Plaintiff: MAX ROTHENBERG, Esq. (A Jury was duly impaneled and sworn.) Mr. Rothenberg makes an opening statement to the jury in behalf of the plaintiff. Mr. Lessler makes an opening statement to the jury in behalf of the defendants. Mr. Lessler: I ask permission to appear for the Damato boy, the pleadings to stand as they are now. The boy was under age and we could not get the father to sign any papers as guardian. Mr. Rothenberg: I object. He is in default. The Court: Then I will deny the motion. How do you get service and how can you continue the action against him, if he was under age? I think you should discontinue? Mr. Rothenberg: All right. I would like to have the doctor called now, as he wants to get away. Mr. Lessler: I would like to have the child put on first; I would rather have it the other way, if possible. The Court: I will permit him to take the stand now. |