Corcoran v. Banner Super Market, Inc. , 21 N.Y.2d 793 ( 1968 )

Motion to amend remittitur granted. Return of remittitur requested .and, when returned, it will be amended to read as follows: Order modified by reversing so much thereof as affirmed the judgment of Trial Term which dismissed, with costs, the complaint against defendants executors, said judgment vacated and a new trial granted, , with costs to abide the event. As so modified, the order is affirmed, with costs to defendant Banner Super Market, Inc. [See 19 N Y 2d 425.]