← Cases

Caputo v. Thompson

247 A.D. 890 Court N.Y. App. Div. English

Contents

Majority

p. 890
Jacqueline Caputo, Appellant, v. George A. Thompson and John J. Thompson, Respondents.

Motion for reargument granted, without costs. [See ante, p. 797.] Present ■—■ Lazansky, P. J., Young, Davis, Johnston and Adel, JJ. Upon reargument, the order of the City Court of White Plains setting aside the verdict rendered in plaintiff’s favor is modified so as to provide for a new trial. As so modified the order is unanimously affirmed, with costs to respondents. The court, upon setting aside the verdict, should have granted a new trial; and the omission may be supplied by this court. (Civ. Prac. Act, § 105.) Present — Young, Hagarty, Davis, Johnston and Adel, JJ.