Schildhaus v. City of New York

Judgment reversed, on the law, on the facts and in the exercise of direction, and a new trial ordered, with costs to abide the event, unless plaintiff stipulates to accept $6,000, in which event the judgment is modified and, as so modified, affirmed, without costs. The damages awarded plaintiff are excessive in the *567circumstances. Although special damages are reflected in the verdict, the proof thereof in respect of the first cause of action is too vague, indefinite and insubstantial to warrant the verdict rendered. Concur — M. M. Frank, McNally and Stevens, JJ.; Breitel, J. P. and Valente,…