Mendes v. Caristo Construction Corp. , 178 N.Y.S.2d 594 ( 1958 )

Motion to amend the opinion of the court to read that the modification is “upon the law” and not upon the “law and facts” denied. The opinion will, however, be clarified to the extent of adding the words “and against the weight of the evidence” immediately following the language “we would have found the verdict was excessive” in that portion of the opinion dealing with our views on the excessiveness of the verdict. Concur — Botein, P. J., Breitel, Frank, Valente and Stevens, JJ.