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Peck v. Bennett Motors, Inc.

240 A.D. 733 Court N.Y. App. Div. English

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p. 733
Frederick G. Peck, Respondent, v. Bennett Motors, Inc., Defendant; Ford Motor Company and Pontiac Auto Transport Company, Appellants.

Judgment reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order herein respondent stipulate to reduce the amount of the verdict to $4,300; in which event the judgment as thus modified is affirmed, without costs. In our opinion the verdict was excessive. Lazansky, P. J., Kapper and Carswell, JJ., concur; Hagarty and Tompkins, JJ., dissent and vote to affirm.