Mirro v. New Colonial Ice Co.

Judgment, unanimously reversed, on the law and on the facts, on the ground of the excessiveness of the recovery, and a new trial ordered, with costs to defendant-appellant-respondent, unless the plaintiff stipulates to reduce the verdict to the sum of $4,000, in which event the judgment as so modified is affirmed, with costs to plaintiff-respondent-appellant. Settle order on notice. Concur — Valente, J. P., McNally, Stevens, Eager and Noonan, JJ.