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Horn v. City of New York
212 N.Y.S.2d 206
N.Y. App. Div.
1961
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Judgment unanimously modified, in accordance with the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to plaintiff to $5,000, and, as so modified, affirmed, without costs. We find that the judgment entered herein by the court below sitting without a jury is sustained by the record, except for the damages awarded, which are excessive. It may well be that had the city called witnesses — who were in court — to rebut the contentions of plaintiff as to his injuries and damages, and not permitted the evidence to constitute, what the trial court characterized “for all practical purposes a default by the City”, an excessive judgment could have been avoided. Concur—Rabin, J. P., Valente, McNally, Stevens and Bergan, JJ.

Case Details

Case Name: Horn v. City of New York
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 28, 1961
Citation: 212 N.Y.S.2d 206
Court Abbreviation: N.Y. App. Div.
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