Breckenridge v. Clemente

¶1Judgment unanimously reversed and a new trial ordered, solely as to the measure of damages, upon the ground the amount awarded is excessive, unless plaintiff stipulates to reduce the amount for which judgment was directed to be entered in the sum of $40,000, in which event the judgment, as so modified, is affirmed. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Callahan and Bergan, JJ.