HORN v. CITY OF NEW YORK


13 A.D.2d 488 (1961)

William Horn, Respondent, v. City of New York, Appellant

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

March 28, 1961


Judgment unanimously modified, in accordance with the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to plaintiff to $5,000, and, as so modified, affirmed, without costs.

We find that the judgment entered herein by the court below sitting without a jury is sustained by the record, except for the damages awarded, which are excessive. It may well be that had the city called witnesses — who were in court — to...

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