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Stennie v. Leven Realty Co.

44 A.D.2d 799 Court N.Y. App. Div. Decision date 1974-05-09 English

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p. 799
Mary Stennie et al., Respondents, v. Leven Realty Co., Inc., Appellant.

Judgment, Supreme Court, New York County, entered on July 23, 1973, unanimously reversed, on the law and on the facts, and a new trial-granted solely -on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiffs-respondents within 20 days of service upon them by the defendant-appellant of a copy of the order entered herein, with notice of entry, serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdicts, and to the entry of an amended-judgment, as follows: For Mary Stennie — $60,000; For Paul Stennie:—$15,000. -If the plaintiffs-respondents consent to the reductions, the judgment as so amended and reduced is affirmed, without costs and without disbursements. The amounts awarded by the jury were excessive and a judgment exceeding the amounts indicated is not warranted on this record. Concur— Nunez, J. P., Kupferman, Lupiano, Steuer and Tilzer, JJ.