Annette De Cicco Corp. v. Gramercy Towers, Inc. (25 A.D.2d 736, 1966)

Order entered February 25, 1965, severing and dismissing the cause of action as to plaintiff De Cicco Food Market, Inc., and setting aside a jury verdict of $18,000 in favor of plaintiff Annette De Cicco Corporation as excessive and ordering a new trial as to said plaintiff, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent that the direction of a new trial be restricted to the issue of damages only, and, as so modified, affirmed, without costs or disbursements. (See Mercado v. City of New York, 25 A D 2d 75.)

Concur — Breitel, J. P., MeNally, Stevens and Eager, J J.