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O'Shea v. Ceri Realty Co.

11 A.D.2d 647 Court N.Y. App. Div. Decision date 1960-06-07 English

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p. 647
Mary O’Shea et al., Respondents, v. Ceri Realty Company, Inc., Appellant.

Judgment unanimously reversed on the facts, without costs, and a new trial ordered unless plaintiffs stipulate to reduce the amounts of the recovery to $12,500 for Mary O’Shea and $1,500 for Martin O’Shea, in which event the judgment, as so modified, is affirmed, without costs. The record fails to sustain plaintiffs’ claim of a fracture. Settle order. Concur — Botein, P. J., Rabin, Valente, Stevens and Noonan, JJ.