O'Shea v. Ceri Realty Co. , 203 N.Y.S.2d 1009 ( 1960 )

Judgment unanimously reversed on the facts, without costs, and a new trial ordered unless plaintiffs stipulate to reduce the amounts of the recovery to $12,500 for Mary O’Shea and $1,500 for Martin O’Shea, in which event the judgment, as so modified, is affirmed, without costs. The record fails to sustain plaintiffs’ claim of a fracture. Settle order. Concur — Botein, P. J., Rabin, Valente, Stevens and Noonan, JJ.