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Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $3,171.15, in which event the judgment, as so modified, is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.
Document Info
Citation Numbers: 256 A.D. 905, 10 N.Y.S.2d 235, 1939 N.Y. App. Div. LEXIS 5334
Filed Date: 2/3/1939
Precedential Status: Precedential
Modified Date: 10/28/2024