¶1Judgment reversed and 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 $11,603.45; in which event the judgment as so modified affirmed, without costs. No opinion. Settle order on notice. Present — Clarke, P. J., Dowling, Merrell, Finch and Martin, JJ.; Merrell and Martin, JJ., dissent and vote for reversal and a new trial.
216 A.D. 714
Boyarsky v. Appleman
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1926
Appellate Division of the Supreme Court of the State of New York · decided 1926-02-15
Decided 1926-02-15