Appellate Division of the Supreme Court of New York, 1957

Gross v. Molmar Bus Transportation Co.

Gross v. Molmar Bus Transportation Co.
Appellate Division of the Supreme Court of New York · Decided February 19, 1957
3 A.D.2d 703; 159 N.Y.S.2d 724; 1957 N.Y. App. Div. LEXIS 6416
Gross v. Molmar Bus Transportation Co.

Opinion of the Court

We find 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. Accordingly the judgment appealed from is modified pursuant to the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to $30,000 (see Leonard v. Frantz Co., 268 App. Div. 144, 148). Judgment unanimously modified accordingly and, as so modified, affirmed, without costs. Settle order on notice. Concur — Peck, P. J., Breitel, Valente, McNally and Bastow, JJ.

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