Nolan v. Yellow Taxi Corp. — 231 A.D. 722

Majority

p. 722

Eugene Nolan, Sr., as Administrator of Eugene Nolan, Jr., Deceased, Respondent, v. Yellow Taxi Corporation, Appellant.

Judgment and order 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 $9,282.31, 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, P. J., Merrell, Martin, O’Malley and Sherman, JJ.; O’Malley and Sherman, JJ., dissent and vote for affirmance.