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Judgment reversed and new trial ordered, with costs to the appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $3,638.60; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Dowling, P. J., McAvoy, Martin, O’Malley and Proskauer, JJ.
Document Info
Filed Date: 5/15/1928
Precedential Status: Precedential
Modified Date: 10/27/2024