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Penry v. Lenox Hill Neighborhood Ass'n

6 A.D.2d 1009 Court N.Y. App. Div. Decision date 1958-09-30 English

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p. 1009
Paul Penry, Jr., II, an Infant, by Xenia Penry, His Guardian ad Litem, et al., Respondents, v. Lenox Hill Neighborhood Association, Inc., Appellant.

Judgment unanimously reversed on the ground of excessiveness and new trial granted, with costs to abide the event unless plaintiffs stipulate to reduce the amounts awarded to $4,000 for the infant plaintiff and $350 for the father, in which event the judgment is affirmed as modified, with costs to the appellant. Settle order. Concm* — Botein, P. J., Breitel, Rabin, M. M. Prank and Stevens, JJ.