YARMOVE v. MAYONE


7 A.D.2d 977 (1959)

Jack Yarmove et al., Respondents, v. Charles Mayone, Appellant

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

March 24, 1959


The judgment should be reversed, on the law and on the facts, and a new trial granted, with costs to abide the event, unless plaintiffs, within 20 days from the filing hereof, stipulate to reduce the verdict to $10,000, in which event the judgment as so reduced is unanimously affirmed, without costs.

The verdict for $17,500 is inconsistent with the allegations of plaintiffs' first cause of action. Paragraphs 14 to 16, inclusive, of the complaint allege that the defendant...

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