Penfield v. Penfield

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1913

Appellate Division of the Supreme Court of the State of New York · decided 1913-02-07

Appeal by the defendant, Susan A. Penfield, 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 20th day of November, 1911, upon the decision of a referee to whom the issues had been referred to hear, try and determine.

Decided 1913-02-07

Dowling, J. (dissenting):

¶1I dissent and favor the reversal of the judgment and the granting of a new trial only if plaintiffs should refuse to agree to a reduction of the amount awarded to the sum of $967.50 with interest, amounting in all to $1,300.16, being at the rate of $15 per week for the board and lodging furnished defendant, that in my opinion being a fair and reasonable compensation therefor.

¶2Judgment reversed and new trial ordered before another referee, with costs to appellant to abide event. Order to be settled on notice.