118 N.Y.S. 899 | N.Y. App. Div. | 1909
This action is brought to recover the sum of $3,500 for services which the plaintiff claims that she rendered to John Conlin, now deceased, between the 1st day of January, 1900, and the 8th day of August, 1906. The plaintiff was his niece, and about a month after the death of his wife went to reside with him in part of a small house which he owned at Dobbs Ferry, acting as housekeeper and, for the last few months of his life when he was ill and suffei’ing from a paralytic stroke, also rendering to him such care and attention as his condition demanded.
Upon the direct case, outside of the testimony of the plaintiff to the effect that she had never been paid anything for her services, and outside of testimony to an admitted fact that she did reside
The jury found a verdict for the plaintiff for $1,000. The learned trial justice granted'a motion to set the verdict aside unless plaintiff stipulated to reduce the amount of her recovery to $500. The plaintiff refused to so stipulate, and appealed from the order. The verdict should have been set aside and a new trial granted absolutely and without any conditions. Inasmuch, however, as plaintiff has rejected the condition, the situation is not different from that which it would have been if such an order had been made.
The order appealed from should be affirmed, with costs to the respondents.
Hirschberg, P. J., Jenks, Gaynor and Eioh, JJ., concurred.
Order setting aside verdict and granting new trial affirmed, with costs.