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On the record before us, we find the verdict excessive. Accordingly, the judgment is unanimously reversed on the facts and in the exercise of discretion, with costs to defendants-appellants to abide the event, and a new trial ordered unless plaintiff-respondent stipulates to reduce the verdict to the sum of $23,000, in which event the judgment as so modified is .affirmed, without costs to either side. Settle order. Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.
Document Info
Citation Numbers: 6 A.D.2d 683, 174 N.Y.S.2d 951, 1958 N.Y. App. Div. LEXIS 5721
Filed Date: 5/27/1958
Precedential Status: Precedential
Modified Date: 11/1/2024