¶1Judgment and order reversed and a new trial ordered, with costs to abide the event. The verdict is clearly a compromise verdict. If the defendant is liable for damages the amount allowed is inadequate. If the defendant is not liable there should be a judgment for the defendant. Present ■— Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.
235 A.D. 711
Spies v. Engel
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1932
Appellate Division of the Supreme Court of the State of New York · decided 1932-03-15
Decided 1932-03-15