Zappala v. Upwood Realty Corp. (8 A.D.2d 716, 1959)

The award of $42,500 on the record before this court is excessive. Accordingly, the judgment appealed from is modified in accordance with the provisions of subdivision 2 of section 584 of the Civil Practice Act by reducing the award to $27,500, and, as so modified, affirmed, without costs. (Leonard v. Frantz Co., 268 App. Div. 144, 148.) Concur — Botein, P. J., Rabin and McNally, JJ.; Breitel and Valente, JJ., dissent and vote to affirm. Settle order on notice.