TOCCO v. CAFE NINO, INC.


23 A.D.2d 694 (1965)

Alphonse Tocco, Respondent, v. Cafe Nino, Inc., Defendant-Appellant and Third-Party Plaintiff-Respondent. Marcato Elevator Company, Inc., Third-Party Defendant-Appellant

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

March 22, 1965


Judgment reversed on the law and the facts and a new trial granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff shall serve and file a written stipulation consenting to reduce the damage award from $32,000 to $15,000; to reduce the interest proportionately, and to modify the judgment accordingly. In the event such stipulation be served and filed, then the recovery over by the defendant as third-party plaintiff against the...

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