POCCIA v. CITY OF NEW YORK


279 A.D. 761 (1951)

Emilio Poccia, as Limited Administrator of The Estate of Stephen Poccia, Deceased, Respondent, v. City of New York, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1951.


Judgment, insofar as it is in favor of respondent against appellant, reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless within twenty days after the entry of the order hereon respondent stipulate to reduce the amount of the verdict to $10,726, in which event the judgment, as so reduced, is affirmed, without costs.

In our opinion the verdict was excessive.

Wenzel, J., concurs in the reversal of the...

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