General

Carmen Resto et al., Respondents, v. Metropolitan Distributors, Inc., et al., Appellants

1 A.D.2d 947·New York Supreme Court, Appellate Division·1956·NY

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Opinion

Carmen Resto et al., Respondents, v. Metropolitan Distributors, Inc., et al., Appellants. [MAJORITY] Judgment, insofar as it provides for the recovery of $50,000 by the plaintiff Carmen Resto, unanimously affirmed; insofar as the judgment provides for the recovery of $5,000 by the plaintiff Rosario Colon, unanimously reversed on the ground of excessiveness, the cause of action of said plaintiff Rosario Colon severed and a new trial thereof ordered, with costs to the appellants, unless the said plaintiff, Rosario Colon, stipulates to reduce the verdict in her favor to $2,500 in which event the judgment, as so modified, is affirmed, without costs. Settle order on notice. Concur — Breitel, J. P., Rabin, Frank, Valente and Bastow, JJ.