| N.Y. App. Div. | Jun 15, 1931
Judgment and order reversed on the facts, on the ground that the amount of the verdict is against the weight of the evidence and excessive, and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the verdict to $5,460, in which event the judgment is so modified, and as modified the judgment and order are affirmed, without costs. All concur, except Rhodes, J., who votes for affirmance.