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Sanchez v. Maggiolo

237 A.D. 819 Court N.Y. App. Div. English

Contents

Majority

p. 819
Maude Sanchez, as Administratrix, etc., of Armando Sanchez, Deceased,
p. 820
Respondent, v. Charles Maggiolo, Defendant, Impleaded with C. Maggiolo, Inc., Appellant.[1]

Judgment 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 $11,648.20; in which event the judgment as so modified is affirmed, without costs. No opinion. Present — Finch, P. J., Mierrell, Martin, Sherman and Townley, JJ.; Martin and Sherman, JJ., dissent and vote to reverse and grant a new trial, on the ground that the verdict is against the weight of the evidence. Settle order on notice.