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KEELEY v. BIG W DISCOUNT SUPERMARKETS., INC.

113 N.J. Super. 157 (1971)

273 A.2d 364

LILLIAN M. KEELEY AND GEORGE J. KEELEY, PLAINTIFFS-RESPONDENTS, v. BIG W DISCOUNT SUPERMARKETS, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1971.

Attorney(s) appearing for the Case

Mr. Arnold G. Shurkin argued the cause for appellant (Messrs. Arnold G. Shurkin and William J. Pollinger on the brief; Messrs. Krieger & Klein, attorneys).

Mr. Frank W. Thatcher argued the cause for respondents (Messrs. Moss, Thatcher & Moss, attorneys).

Before Judges CONFORD, KOLOVSKY and CARTON.

The opinion of the court was delivered by CARTON, J.A.D.

This case concerns the legal effect of an order granting additur in a negligence action. The order mandated that defendant accept the additur within 20 days or suffer a new trial as to damages only. Defendant first sought appellate review of the order and when review was denied attempted to exercise its option to accept the additur beyond the 20-day period.

The jury returned verdicts...

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