151 A.D. 584
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-06-07
Appeal by the defendant, Frederic J. Swift, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1911, upon the verdict of a jury rendered by direction of the court, arid also from an order entered in said clerk’s office on the 19th day of June, 1911, denying the defendant’s motion for a new trial made upon the minutes.
Decided 1912-06-07
¶1I dissent from the affirmance of the judgment, as modified if the stipulation for reduction be given and vote for unconditional reversal.
¶2Judgment reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce the judgment by deducting $8,000 and interest from the amount of the verdict, in which event, judgment as so modified affirmed, without costs. Order to be settled on notice.