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CASEY v. ROSS

10 A.D.2d 938 (1960)

Mary Casey, Respondent, v. Andrew Ross et al., Appellants

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

May 24, 1960

Judgment in favor of plaintiff after a nonjury trial modified, on the law and on the facts, and judgment directed in favor of plaintiff in the sum of $3,000, and, as so modified, affirmed, without costs.

Upon all the evidence, we find the judgment below was excessive. In view of this finding, we are required by section 584 of the Civil Practice Act to grant judgment which the court below should have granted. (Calabria v. City & Suburban Homes Co.,

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