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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 $3,692.15; in which event the judgment as so modified is affirmed, without costs. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Untermyer, Dore and Callahan, JJ.
Document Info
Filed Date: 11/1/1940
Precedential Status: Precedential
Modified Date: 10/28/2024