Gerrish v. Panama Canal Co.

5 A.D.2d 818 Court N.Y. App. Div. Decision date 1958-02-18 English

Judges Concur — Botein, P. J., Breitel, Rabin, Frank and Stevens, JJ.

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p. 818

Celia Gerrish et al., Respondents, v. Panama Canal Company, Appellant.

[7 Misc 2d 719.]

On the basis of the record before us the Special Referee ought not to have allowed a recovery in excess of $12,500. Accordingly, the judgment appealed from is unanimously modified on the facts by reducing the amount awarded to $12,500 and as so modified the judgment is affirmed, without costs. Settle order on notice.

Concur — Botein, P. J., Breitel, Rabin, Frank and Stevens, JJ.