Smith v. . Dempsey
102 N.Y. 655
NY
1886
Check Treatment

Judgment reversed and case remitted to the Special Term for the determination of the motion for a new trial, on the ground that it had no power to annex to the order reducing the recovery a condition that it should be operative only in case the reduced amount should be paid, without costs to either party upon the appeal; no opinion.

All concur.

Judgment accordingly.