Schwartz v. Colle

213 A.D. 855 | N.Y. App. Div. | 1925

Judgment and order reversed and new trial granted, with costs to appellant to abide the event, unless plaintiff stipulates to reduce the judgment as entered to the sum of $2,646.20; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present — Dowling, Finch, McAvoy, Martin and Burr, JJ.; Martin, J., dissents and votes for reversal.