Bressner v. Castaldo

224 A.D. 717 | N.Y. App. Div. | 1928

Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $20,135.55; in which event the judgment a-s so modified and the order appealed from are affirmed, without costs. No opinion. Present •— Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.; Martin, J., dissents on the ground that the verdict,- although reduced, is excessive. Settle order on notice.