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Judgment unanimously reversed on the ground of excessiveness and new trial granted, with costs to abide the event, unless plaintiff stipulates to reduce the amount of award to $40,000, in which event the judgment is affirmed as modified, with costs to the appellant. Settle order. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Stevens, JJ.
Document Info
Citation Numbers: 6 A.D.2d 1009, 178 N.Y.S.2d 612, 1958 N.Y. App. Div. LEXIS 4710
Filed Date: 9/30/1958
Precedential Status: Precedential
Modified Date: 10/19/2024