CASTALDO v. TRANSP. VEHICLES, INC.


10 A.D.2d 955 (1960)

Frank Castaldo, Respondent, v. Transportation Vehicles, Inc., Appellant

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

May 9, 1960


Judgment modified on the facts by striking out the award of $35,000, and by substituting therefor an award of $22,500, with interest thereon, pursuant to statute (Civ. Prac. Act, § 480), from the date of the entry of the order hereon. As so modified, the judgment is affirmed, without costs.

In our opinion, under all the circumstances the original award was excessive. A new trial, however, is not necessary. Instead, since this is a nonjury case, we have exercised...

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