Garthe v. Ruppert , 240 A.D. 968 ( 1933 )

Judgment and order order 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 $20,182.78; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Merrell and Martin, JJ., dissent and vote to reverse and dismiss the complaint. Settle order on notice.