KROLL v. CITY OF NEW YORK


26 A.D.2d 943 (1966)

Seymour Kroll, Respondent, v. City of New York, Appellant

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

November 14, 1966


Judgment reversed, on the law and the facts, and 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 to $5,000 the amount of the verdict in his favor and to the entry of an amended judgment accordingly, in which event the judgment, as so amended, is affirmed, without costs.

In our opinion, under all the circumstances, the damages awarded plaintiff...

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