Zappala v. Upwood Realty Corp.

Full title: ANGELA ZAPPALA, Respondent, v. UPWOOD REALTY CORP. et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 21, 1959

8 A.D.2d 716 (N.Y. App. Div. 1959)

Opinion

May 21, 1959

The award of $42,500 on the record before this court is excessive. Accordingly, the judgment appealed from is modified in accordance with the provisions of subdivision 2 of section 584 of the Civil Practice Act by reducing the award to $27,500, and, as so modified, affirmed, without costs. ( Leonard v. Frantz Co., 268 App. Div. 144, 148.)

Concur — Botein, P.J., Rabin and McNally, JJ.; Breitel and Valente, JJ., dissent and vote to affirm. Settle order on notice.