Appellate Division of the Supreme Court of New York, 1958

Shork v. Higgins

Shork v. Higgins
Appellate Division of the Supreme Court of New York · Decided April 1, 1958 · Bergan, Botein, Rabin, Stevens, Yalente
5 A.D.2d 972; 173 N.Y.S.2d 243; 1958 N.Y. App. Div. LEXIS 6393
Shork v. Higgins

Opinion of the Court

Judgment and order unanimously reversed on the facts on the ground of excessiveness and a new trial ordered, without costs, unless both plaintiffs stipulate to reductions of their respective recoveries, such reductions to be in the following amounts: Plaintiff wife to $10,000 and plaintiff husband to $1,000, in which event the judgment, as so modified, is affirmed, without costs. Settle order on notice.

Concur — Botein, P. J., Rabin, Yalente, Stevens and Bergan, JJ.

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