McQuage v. City of New York

3 A.D.2d 741 Court N.Y. App. Div. Decision date 1957-03-26 English

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p. 741

William B. McQuage, Respondent, v. City of New York, Appellant.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground of excessiveness of the damages awarded, unless plaintiff stipulates to reduce the verdict to $40,000 in which event the judgment, as so modified, is affirmed, without costs. Settle order on notice. Concur — Peck, P. J., Breitel, Botein, Frank and,Valente, JJ.