Appellate Division of the Supreme Court of the State of New York April 12, 1963 (City of Niagara Falls v. Rizzo)

Order unanimously reversed on the law and facts and a new trial granted before other commissioners unless the defendant shall, within 10 days, stipulate to reduce the award to the sum of $44,800, in which event the order is modified accordingly and, as so modified is affirmed, without costs of this appeal to any party.