¶1Judgment and order 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 $5,166.10; in which event the judgment as so modified and the order appealed from are affirmed, without costs. Ho opinion. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ.
268 A.D. 763
Alexander v. La Roe
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1944
Appellate Division of the Supreme Court of the State of New York · decided 1944-06-16
Decided 1944-06-16