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Searson v. Corbetta Construction Co.

1 A.D.2d 951 Court N.Y. App. Div. Decision date 1956-04-30 English

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p. 951
Helen Searson, as Administratrix of the Estate of James Searson, Deceased, Respondent-Appellant, v. Corbetta Construction Co., Inc., Appellant; New York City Housing Authority, Respondent, et al., Defendant. New York City Housing Authority, Third-Party Plaintiff-Appellant, v. Seaberg Elevator Co., Inc., Third-Party Defendant-Respondent.

On the appeal of plaintiff and defendant and third-party-plaintiff New York City Housing Authority, the judgment is unanimously affirmed, with costs. Insofar as it awards plaintiff $164,070.88 against the defendant Corbetta Construction Co., Inc., the judgment is unanimously reversed upon the ground of excessiveness and a new trial ordered against the defendant Corbetta Construction Co., Inc., with costs to abide the event, unless plaintiff stipulates to reduce the verdict to $100,000 with interest thereon in which event the judgment, as so modified, is affirmed without costs. Settle order on notice. Concur — Botein, J. P., Rabin, Frank, Valente and Bergan, JJ.