Opinion
February 18, 1958
On the basis of the record before us the Special Referee ought not to have allowed a recovery in excess of $12,500. Accordingly, the judgment appealed from is unanimously modified on the facts by reducing the amount awarded to $12,500 and as so modified the judgment is affirmed, without costs. Settle order on notice.
Concur — Botein, P.J., Breitel, Rabin, Frank and Stevens, JJ. [ 7 Misc.2d 719.]