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ANNE K. TOOMEY et al., Respondents, v. JAMES J. FARLEY et al., Appellants, et al., Defendant.

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, unless the plaintiff Toomey consents to reduce the punitive damages verdict in her favor to the sum of $5,000, and unless the plaintiff Stella consents to reduce compensatory damages verdict and the punitive damages verdict to the sum of $5,000 each, in which event the judgment, as so modified, is affirmed, without costs. On this record the amounts awarded are excessive. Settle order on notice.

Concur — Peck, P.J., Botein, Rabin and Bergan, JJ.

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TOOMEY v. FARLEY
(Nov 15, 1955)