Flag Realty Co. v. Pisciotti

Judgment unanimously reversed, on the facts, and a new trial granted, with costs to abide the event, unless the plaintiff shall, within 10 days, stipulate to reduce the verdict by the sum of $5,875, as of the date of the rendition thereof, in which event the judgment is modified accordingly and as modified affirmed, without costs. Memorandum: Defendant Pisciotti appeals from a judgment of Supreme Court in the amount of $40,359.64 rendered upon a jury verdict in favor of plaintiff, Flag Realty Company, against her in the sum of $33,065.06. The action was one for breach of a construction…