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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 $3,683.25; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.
Document Info
Citation Numbers: 254 A.D. 849, 6 N.Y.S.2d 381, 1938 N.Y. App. Div. LEXIS 7953
Filed Date: 6/24/1938
Precedential Status: Precedential
Modified Date: 10/28/2024