Appellate Division of the Supreme Court of New York, 1955

Garfinkel v. Cooper

Appellate Division of the Supreme Court of New York · Decided May 31, 1955

285 A.D. 1145; 143 N.Y.S.2d 603; 1955 N.Y. App. Div. LEXIS 6963

Opinion of the Court

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to consent to reduction of verdict to the sum of $6,000 in *1146which event the judgment, as so modified, is affirmed, without costs. On this record the amount awarded is excessive. Settle order on notice. Concur — Cohn, J. P., Callahan, Breitel, Botein and Rabin, JJ.

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