FILANCIA v. TOWN OF HARRISON, WESTCHESTER COUNTY


4 A.D.2d 876 (1957)

Joseph A. Filancia, as Administrator of The Estate of Anthony J. Filancia, Deceased, Respondent, v. Town of Harrison, Westchester County, et al., Appellants

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

October 14, 1957


Amended judgment reversed and a new trial granted unless within 15 days after entry of the order hereon respondent stipulate to reduce the verdict in his favor to $13,342, in which event the amended judgment as so reduced is unanimously affirmed, without costs. Appeal from original judgment dismissed, without costs.

In our opinion, appellants' liability was properly submitted to the jury as a question of fact (Stein v. Palisi, 308 N.Y. 293

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