O'Shea v. Ceri Realty Co.

Full title: MARY O'SHEA et al., Respondents, v. CERI REALTY COMPANY, INC., Appellant

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

Date published: Jun 7, 1960

11 A.D.2d 647 (N.Y. App. Div. 1960)

Opinion

June 7, 1960

Judgment unanimously reversed on the facts, without costs, and a new trial ordered unless plaintiffs stipulate to reduce the amounts of the recovery to $12,500 for Mary O'Shea and $1,500 for Martin O'Shea, in which event the judgment, as so modified, is affirmed, without costs. The record fails to sustain plaintiffs' claim of a fracture. Settle order.

Concur — Botein, P.J., Rabin, Valente, Stevens and Noonan, JJ.