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Resto v. Metropolitan Distributors, Inc.

1 A.D.2d 947 Court N.Y. App. Div. Decision date 1956-04-24 English

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p. 947
Carmen Resto et al., Respondents, v. Metropolitan Distributors, Inc., et al., Appellants.

Judgment, insofar as it provides for the recovery of $50,000 by the plaintiff Carmen Resto, unanimously affirmed; insofar as the judgment provides for the recovery of $5,000 by the plaintiff Rosario Colon, unanimously reversed on the ground of excessiveness, the cause of action of said plaintiff Rosario Colon severed and a new trial thereof ordered, with costs to the appellants, unless the said plaintiff, Rosario Colon, stipulates to reduce the verdict in her favor to $2,500 in which event the judgment, as so modified, is affirmed, without costs. Settle order on notice. Concur — Breitel, J. P., Rabin, Frank, Valente and Bastow, JJ.