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Mirro v. New Colonial Ice Co.

12 A.D.2d 484 Court N.Y. App. Div. Decision date 1960-11-29 English

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p. 484
Vito Mirro, Respondent-Appellant, v. New Colonial Ice Company, Inc., Appellant-Respondent.

Judgment, unanimously reversed, on the law and on the facts, on the ground of the excessiveness of the recovery, and a new trial ordered, with costs to defendant-appellant-respondent, unless the plaintiff stipulates to reduce the verdict to the sum of $4,000, in which event the judgment as so modified is affirmed, with costs to plaintiff-respondent-appellant. Settle order on notice. Concur — Valente, J. P., McNally, Stevens, Eager and Noonan, JJ.