Nigri v. Franz ( 1929 )

Per Curiam.

Notwithstanding the fact that the damages which have been recovered may be excessive, they were recovered wdth the acquiescence of the party who is now seeking to set them aside. No other valid reason is assigned for granting this motion. The orders appealed from should, therefore, be affirmed, with ten dollars costs and disbursements to the respondent. Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.; Martin, J., dissents.