Kanisky v. Freedman — 10 A.D.2d 620

Majority

p. 620

Mary Kanisky, Respondent, v. Fannie Freedman, Appellant.

Judgment unanimously reversed, on the facts, on the ground of excessiveness of the verdict and a new trial ordered, with costs to defendant-appellant, unless the plaintiff stipulates to reduce the verdict to the sum of $40,000, in which event the judgment, as so modified, is unanimously affirmed, with costs'to defendant-appellant. Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Stevens, JJ.